Hon'ble Vedpal,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the material placed on record.
The F.I.R. is under Crime No. 772 of 2009, under Sections 2/3 U.P. Gangster Act, Police Station Kotwali Tikuniya, District-Kheri.
A perusal of the F.I.R. discloses commission of cognizable offence, therefore, it cannot be quashed.
Learned counsel for the petitioner, however, submits that on the basis of one case under Sections 379, 411, 353, I.P.C. read with Section 2/27/135 (6)/51 of Wild Life Protection Act, the provisions of Gangster Act have been slapped. It is also submitted that these offences are triable by Magistrate.
In view of the above, this petition is disposed of finally with the direction that till any credible and cogent evidence is collected against the petitioner (Ram Pal), he shall not be arrested in the aforesaid case crime number, subject to his full co-operation in the investigation, which shall go on.
Petition stands disposed of finally.
Order Date :- 10.5.2010 ML/-