Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 260 of 2010, under Sections 2/3 (1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Jaisinghpur, District Sultanpur. We have gone through the FIR and the gang-chart annexed along with the petition. In the gang-chart, which is basis of lodging the FIR under the provisions of the aforesaid Act, three cases have been shown against the petitioners; one relating to case crime no. 169 of 2010 and two cases relating to N.C.R. No. 59 of 2010 and N.C.R. No. 60 of 2010 both under Sections 504 and 506 IPC.
It is argued by the learned counsel for the petitioners that this Court in Writ Petition No. 4908 (M/B) of 2010 filed by the petitioner no. 1 had stayed his arrest in case crime no. 169 of 2010 on 25.05.2010 and petitioner no. 2 was bailed out in the aforesaid case thereafter the impugned FIR has been lodged in vengeance due to mala-fide intention on the part of the opposite party no. 4. It is further argued that there is no serious allegation, which enabled opposite party no. 4 for hauling up of the petitioners under the provisions of the U.P. Gangsters and Anti-Social Activities (Prevention) Act. There seems to be some substance in the argument advanced by the learned counsel for the petitioners.
Accordingly, we direct for issuing notice to opposite party no. 4, returnable at an early date.
Let counter affidavit be filed by the respective opposite parties within six weeks. Rejoinder affidavit, if any, may be filed within next two weeks. List this petition after expiry of the period granted for exchange of the affidavits.
Till further orders of this Court or till submission of charge sheet, whichever is earlier, the petitioners shall not be arrested in the aforesaid case crime number, provided they cooperate with the investigation, which shall go on. Order Date :- 22.6.2010 Chauhan/-