Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4697 of 2018 Petitioner :- Jaan Mohammad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Learned counsel for the petitioner has placed reliance upon an order dated 19.02.2018 passed in Criminal Misc. Writ Petition No. 3894 of 2018 [Imran Vs. State of U.P. and 3 Others] on the ground that Imran involved in the Case Crime No. 770 of 2017 under Section 2/3 Gangster Act, P.S. Lisari Gate, District Meerut has been granted relief by this Court, in which the petitioner is also seeking relief by means of the present petition.
It is further submitted that the same number of cases are registered against the petitioner as registered against Imran, as such benefit has been claimed against the said order dated 19.2.2018 seeking similar relief to the petitioner in the present petition.
In view of the above, we do not find any reason to quash the impugned First Information Report. However, considering the facts and circumstances of the case, we deem it appropriate to direct the concerned Station House Officer/Police Officer not to arrest the petitioner in relation to the First Information Report referred to above till filing of the police report as per the provisions of Section 173 (2) of Cr.P.C. The petitioner shall co- operate with the investigating agency during the course of the investigation.
The concerned Investigating Officer is directed to conclude the investigation as early as possible.
The Writ Petition stands disposed off accordingly.
Order Date :- 26.2.2018 Arnima [Ashok Kumar, J.] [Vikram Nath, J.]