Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2407 of 2019 Petitioner :- Rajeev Maurya @ Balla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hasan Abbas Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hasan Abbas, learned counsel for the petitioner, Sri Jai Narain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 2712.2018 registered as case crime no. 753 of 2018 under sections 3 (1) U.P. Gangster & Anti Social Activities Prevention Act, police station Line Bazar, District Jaunpur.
Learned counsel for the petitioner submits that only on the basis of single case which was for the offence under section 392 I.P.C., the present Gangster Act has been imposed on the petitioner though in the said case, he has been granted bail by the competent court. He submits that except the aforesaid case, there is no criminal antecedents of the petitioner, the said fact has been mentioned in para-9 of the present petition, hence the F.I.R. of the present case is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Shiraz