Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 502 of 2010, under Section 2/3 U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, police station Gosaiganj, district Sultanpur.
We have gone through the FIR as well as other documents available on record including gang-chart wherein one case has been shown against the petitioner relating to Case Crime No. 349 of 2010, under Sections 147, 148, 149, 323, 324, 325, 504, 506, 307, 452 & 427 IPC, police station Gosainganj, district Sultanpur.
Argument advanced by learned counsel for the petitioner is that as soon as petitioner was granted bail in Case Crime No. 349 of 2010 vide order dated 16.06.2010 passed by Sessions Judge, Sultanpur, opposite party No. 3 has lodged the impugned FIR on 21.06.2010 just to see that the petitioner remains behind the bars on one pretext or the other. It has also been argued that the entire family of the petitioner has been roped-in in the present case under the provisions of Gangsters Act, as such, the FIR is sham and is liable to be quashed.
Let notice be issued to opposite party No. 3, who may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed by the petitioner within next two weeks.
List after expiry of the aforesaid period.
Till the next date of listing, arrest of the petitioner in Case Crime No. 502 of 2010 shall remain stayed subject to his cooperation with the investigation, which shall go on.
Order Date :- 29.6.2010 Pradeep/-