Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2568 of 2019 Petitioner :- Monu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 11.01.2019 registered as Case Crime No. 9 of 2019, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 (U.P.), P.S. Bhora Kala, District Muzaffar Nagar.
It has been submitted by learned counsel for the petitioner that the impugned first information report has been lodged by the respondent no. 3 against the petitioner on the basis of his involvement in three cases namely Case Crime No. 188 of 2018, under Section 60, 63 Excise Act, Case Crime No. 189 of 2018, under Section 3/25 Arms Act and Case Crime No. 187 of 2018, under Section 307 I.P.C. as is evident from the gang chart (Annexure No. 2) in which he has been granted bail on 1.1.2019 and 4.1.2019. Moreover, the allegations made in the impugned F.I.R. are vague and sweeping and no specific instance of the petitioner indulging in any anti social activities has been cited. The impugned FIR which does not disclose ingredients of offence under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 (U.P.), is liable to be quashed.
The submission made by learned counsel for the petitioners, prima facie appears to have some substance. The matter requires consideration after receiving response from the respondents.
Learned A.G.A has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to respondent no. 3, who may also file his counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this matter after eight weeks before appropriate Bench.
Until further orders of this Court, the petitioner shall not be arrested pursuant to impugned F.I.R. dated 11.01.2019 registered as Case Crime No. 9 of 2019, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 (U.P.), P.S. Bhora Kala, District Muzaffar Nagar, subject to his extending full cooperation with the investigation.
Order Date :- 31.1.2019 SA