Hon'ble Vedpal,J.
Counter affidavit filed on behalf of the State is taken on record.
Learned counsel for the petitioner states that he does not intend to file any rejoinder affidavit to the counter affidavit filed today.
Heard learned counsel for the petitioner and learned Additional Government Advocate who has accepted notice on behalf of opposite party Nos. 1 & 2.
Issue notice to opposite party No. 3, who may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be file by the petitioner within next two weeks.
List after expiry of aforesaid period.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 419 of 2010, under Section 2/3 U.P. Gangsters and Anti-social Activities (Prevention)Act, 1986, police station Dalmau, district Raebareli.
We have gone through the contents of the FIR as well as gang chart (Annexure-2).
In the gang chart there are three cases shown against the petitioner, first relating to Case Crime No. 1270 of 2009, under Sections 41, 411, 413, 414, 420, 467, 468, 471 & 474 IPC; second relating to Case Crime No. 233 of 2010, under Section 174-Ka IPC; and third relating to Case Crime No. 327 of 2010, under Section 4/5 Arms Act, police station Mumil Area, district Raebareli.
Argument advanced by learned counsel for the petitioner is that the two cases shown in gang-chart do not fall within the parameters of Chapter 16, 17 & 22 IPC. Further argument is that as soon as the petitioner was released on bail in Case Crime No. 1270 of 2009 vide order dated 27.04.2010, this FIR dated 14.05.2010 under the provisions of Gangster Act has been slapped upon the petitioner.
There seems to be substance in the argument of learned counsel for the petitioner.
In the aforesaid circumstances, we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number till further orders or till submission of charge-sheet/police report, whichever, is earlier subject to cooperation of the petitioner with the investigation, which shall go on.
Order Date :- 25.6.2010 Pradeep/-