Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 526 of 2010, under Section 2/3 U.P. Gangsters and Anti- social Activities (Prevention) Act, 1986, police station Jagdishpur, district Sultanpur.
We have gone through the FIR as well as gang-chart annexed along with the petition.
In the gang-chart two cases have been shown against the petitioner; one relating to Case Crime No. 479 of 2010, under Sections 147, 148, 149 & 307 IPC (case of firing on police party in which no one had sustained injury); and other relating to Case Crime No. 482 of 2010, under Section 3/25 Arms Act, both registered at police station Jagdishpur, district Sultanpur.
Argument advanced by learned counsel for the petitioner is that since the petitioner was picked up by the police personnel without any rhyme or reason, his father had sent a letter to this Court by registered post which was registered as Habeas Corpus Writ Petition No. 331 of 2010 and therefore petitioner had been implicated falsely in the aforesaid cases shown in the gang-chart. As soon as in both the cases, the petitioner was directed to be released on bail by the competent court vide order dated 24.05.2010 (Annexure-5), the impugned FIR has been lodged only just to see that the petitioner remains behind the bars for a considerable long period.
Let notice be issued to opposite party No. 3 returnable at an early date. Respective opposite parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List after expiry of aforesaid period.
Till the next date of listing or till submission of charge-sheet, whichever is earlier, arrest of the petitioner in the aforesaid case crime number shall remain stayed subject to his cooperation with the investigation, which shall go on.
Order Date :- 24.6.2010 Pradeep/-