Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34047 of 2018 Petitioner :- Imran And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R., which has been registered as Case Crime No. 179 of 2018, under Sections-2/3 of U. P. Gangsters and Anti Social Activities (Prevention) Act at P. S.-Garhi Pukhta, district-Shamli.
It has been submitted by learned counsel for the petitioners that the two cases, on the basis of which, impugned F. I. R. has been lodged by the respondent no. 2 against them, in one of the cases, arrest of the petitioners has been stayed by this Court vide order dated 29.3.2018 passed in Criminal Misc. Writ Petition No. 7646 of 2018, copy whereof has been annexed as Annexure 3 to the affidavit accompanying the writ petition, while in the other case, he has not been arrested and has been given benefit of Section 41-A Cr. P. C., in view of the above, it cannot be said that any cognizable offence is made out.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 27.11.2018 HR