Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19967 of 2019 Petitioner :- Mohammad Saeed Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Mohd. Nadeem, holding brief of Sri Ashish Kumar, learned counsel for the petitioner, Sri G.P.Singh, 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 29.5.2019, registered as case crime No.366 of 2019, under Sections 3(1) of U.P. Gangster and Prevention of Anti Social Activities Act, 1986, Police Station Kotwali Kannauj, District Kannauj.
Learned counsel for the petitioner submits that only on the basis of one criminal case in which the petitioner has already got himsel bailed out from the competent court, 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.He next argued that the identically situated co- accused Farooq Beg has already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.19028 of 2019 in which his arrest has been stayed by this Court vide order dated 12.7.2019, copy of which is annexed as Annexure-3 to the writ petition, hence, the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
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.
It is made clear that if there appears to be any other case found against the petitioner except the case mentioned in the Gang Chart earlier to lodging of the present FIR, the present order granting interim protection to the petitioner shall automatically stands discharged.
With the above direction, this petition is finally disposed of.
Let a copy of this order be produced before the SSP concerned by the petitioner within 10 days from today.
((Raj Beer Singh,J. ) (Ramesh Sinha, J.) Order Date :- 30.7.2019 NS