Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22700 of 2018 Petitioner :- Idrish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Radhey Shyam Shukla,Vipul Shukla Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S.Shukla, learned counsel for the petitioner, Sri Deepak Mishra,learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated registered 30.7.2018, registered as case crime No.257 of 2018, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kalan, District Shajhjahanpur.
Learned counsel for the petitioner submits that only on the basis of one criminal case, i.e., Case Crime No.217 of 2018, under Sections 392, 307, 352, 364 I.P.C., P.S. Kalan, District Shahjahanpur, in which arrest of the petitioner has already been stayed by this Court vide order dated 23.7.2018 in Crl. Misc. Writ Petition No.19547 of 2018, copy of which is annexed at page-51 of the writ petition, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 21.8.2018/NS