Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 6778 of 2019 Petitioner :- Brahmanand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy,Jagdish Prasad Patel Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 27th January, 2019 registered as Case Crime No.0045 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at Police Station Ghiror, District Mainpuri.
On 14th March, 2019, after considering the submissions of learned counsel for the petitioner, the Court had passed the following order:-
"The contention of the learned counsel for the petitioner is that the petitioner is an employee in the Revenue Department of the Government of U.P. and unfortunately has been implicated in few cases and by taking his implication in those case, he has been slapped with an offence punishable under the Gangster Act. It has been submitted that by no stretch of imagination a Government employee can be taken as a member of gang only on account of his implication in few cases.
The matter requires consideration.
Learned A.G.A. has accepted notice on behalf the respondents 1, 2 and 3.
Let notice be issued to the respondent no.4, fixing 30th April, 2019.
List on 30th April, 2019. By the next date, the respondents shall file their respective counter affidavits.
Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in Case Crime No.45 of 2019, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Ghiror, District Mainpuri, subject to petitioner's co-operation in the investigation.
It is made clear that investigation of the case has not been stayed."
A short counter affidavit has been filed in which it has been disclosed that the activity of the petitioner is covered by Chapter 17 of the Indian Penal Code and that the matter is being investigated and statement of various witnesses have been recorded. It is, however, stated that the investigation of the case is going on.
Considering the facts and circumstances of the case as also the averments made in the short counter affidavit, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but subject to the petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 30.4.2019. Rks.