Case :- CRIMINAL MISC. WRIT PETITION No. - 21725 of 2017 Petitioner :- Nizam Ansari Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Rakesh Prasad,Sanjay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Crl. Misc. Delay Condonation Application No. 3 of 2018
Heard Shri Rakesh Prasad, learned counsel for the petitioners and Sri A.R. Chaurasiya, learned A.G.A. for the State and perused the record.
Cause shown in the affidavit filed in support of application under Section 5 of the Limitation Act is sufficient.
Application is allowed. Delay is condoned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 A.P. Pandey .
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Case :- CRIMINAL MISC. WRIT PETITION No. - 21725 of 2017 Petitioner :- Nizam Ansari Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Rakesh Prasad,Sanjay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Order on Crl. Misc. Recall/Restoration Application No. 4 of 2018
Heard Sri Rakesh Prasad, learned counsel for the petitioner and Sri A.R. Chaurasiya, learned A.G.A. for the State.
This is an application for recall of the order dated 4.4.2018 by which this Court has dismissed the writ petition for want of prosecution.
Cause shown for not appearing before this Court is sufficient. The order dated 4.4.2018 is hereby recalled. The restoration application is allowed. The writ petition is restored to its original number.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 A.P. Pandey .
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Case :- CRIMINAL MISC. WRIT PETITION No. - 21725 of 2017 Petitioner :- Nizam Ansari Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Rakesh Prasad,Sanjay Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rakesh Prasad, learned counsel for the petitioners, Sri A.R. Chaurasiya, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 5.10.2017 registered as Case Crime No. 397 of 2017, u/s 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, P.S. Rampur Karkhana, District Deoria.
From the perusal of the interim order dated 11.10.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioner till submission of police report under Section 173 (2) Cr.P.C. and since the investigation has not been completed till date, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.
The petitioners shall file a certified copy of this order within two weeks' from today before the SSP/SP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the concerned authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 A.P. Pandey