Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22985 of 2018 Petitioner :- Ram Charan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Shekhar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Chandra Shekhar Pandey, learned counsel for the petitioners, 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 13.4.2018 registered as case crime no. 144 of 2018 under section 2/3 of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station Etamaddaula, District Agra.
Learned counsel for the petitioners submits that two FIRs were registered against the petitioners that is Case No.41 of 2018 arising out of Case Crime No.121 of 2017 and Case No.40 of 2018 arising out of Case Crime No.123 pf 2017 and the proceedings of both the cases have been challenged by the petitioners in Application U/S 482 Nos. 23138 of 2018 and 24312 of 2018 respectively in which the arrest of the petitioners-applicants have been stayed by this Court. It is further submitted that in one FIR dated 31.1.2017 registered as Case Crime No.121 of 2017, arrest of the petitioners have been stayed, hence the petitioners are also entitled for the same relief.
Copy of the aforesaid orders has been produced as Annexure Nos.2, 3 and 4 by learned counsel for the petitioners.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 :- 23.8.2018/Deepika