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. 915 of 2010, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Kotwali Nagar, district Barabanki.
We have gone through the contents of the FIR as well as gang chart i.e. Annexure-3.
It comes out that there is one case relating to Case Crime No. 757 of 2010, under Sections 41/ 411/ 414/ 420 IPC, police station Kotwali, district Barabanki has been shown against the petitioner in the gang chart in which the petitioner was granted bail on 10.05.2010 by the court below.
Argument advanced by learned counsel for the petitioner is that as soon as petitioner was bailed out in the said case on 10.05.2010 this FIR has been lodged on 25.05.2010 which goes to show that the impugned FIR has been lodged with ulterior motive.
Issue notice to Y.P. Singh, Inspector-in-Charge, police station Kotwali Nagar, district Barabanki i.e. opposite party No. 3, who 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, 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 :- 21.6.2010 Pradeep/-