Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20124 of 2019 Petitioner :- Bechan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Janardan Yadav, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 22.06.2019 registered as case crime no. 0112 of 2019 under section 3(1) of U.P. Gangster & Anti-social Activities Act, 1986, police station Ahiraula, District Azamgarh.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case by the informant levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court. It has also been submitted that only one case has been shown against the petitioners in the gang chart.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
However, it is made clear that if there appears to be any other case found against the petitioners except the case mentioned in the gang-chart, earlier to lodging of the present FIR, the present order granting interim protection to the petitioners shall automatically stand vacated.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Anand