Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2692 of 2019 Petitioner :- Deepak Singh Chikara And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Dilip Kumar, Senior Advocate assisted by Sri Uma Nath Pandey for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 16.1.2019 registered as Case Crime No. 56 of 2019, under Section 2 and 3 of UP Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bisrakh, Distt. Gautam Buddh Nagar.
A perusal of the FIR shows that earlier an FIR of Case Crime No. 954 of 2018, under Section 188, 288, 420 IPC and Section 3 of Prevention of Damages of Public Property Act and Section 7 of Criminal Law Amendment Act was filed and second FIR of Case Crime No. 1246 of 2018, under Section 342, 504 IPC and Section 7 of Criminal Law Amendment Act, was filed. On the basis of aforesaid two FIRs, the present FIR has been registered.
The counsel for the petitioner submits that in the aforesaid cases proceeding has been stayed by this Court by orders dated 17.12.2018 and 17.1.2019. The present FIR has been lodged only to mount pressure upon the petitioner.
Connect and list along with Criminal Misc. Writ Petition No. 37904 of 2018 showing full particulars of parties and their counsels.
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 FIR dated 16.1.2019 registered as Case Crime No. 56 of 2019, under Section 2 and 3 of UP Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bisrakh, Distt. Gautam Buddh Nagar, subject to extending full cooperation in the investigation.
The case is released from assignment.
Order Date :- 31.1.2019 Rahul Dwivedi/-