Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 20685 of 2019 Petitioner :- Smt. Rashmi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Per: Hon'ble Raj Beer Singh, J.
Sri Ajay Kumar Mishra, learned counsel for the petitioners, Sri Amit Sinha, learned A.G.A. for the State-respondents and perused the material on record.
This writ petition has been filed by the petitioners, seeking quashment of impugned FIR dated 04.07.2019, which has been registered as Case Crime No. 0459 of 2019, under section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Partapur, District Meerut.
It has been argued by the learned counsel for the petitioners that impugned FIR has been lodged making false and baseless allegations and that no case under U.P. Gangster and Anti Social Activities (Prevention) Act, is made out against the petitioners. There was criminal history of only one case against the petitioners but they are neither the gang leader nor member in any gang and thus, prima facie no case is made out against the petitioners. It was also pointed out that similarly placed co- accused Amit has been granted interim relief by co-ordinate Bench of this Court vide order dated 25.07.2019 passed in Criminal Misc. Writ Petition No. 19835 of 2019, whereby it was directed that petitioner (co-accused Amit) shall not be arrested in the above mentioned case till submission of police report, under Section 173(2) Cr.P.C.
Per contra, learned A.G.A has opposed and argued that the petitioners were involved in a murder case and that the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act can be invoked even on the basis of single criminal case. It was submitted that prima facie case is made out against the petitioners.
In the gang chart only one case in case crime no. 45 of 2018, under Section 302, 120-B of IPC, P.S. Partapur, District Meerut was shown against the petitioners in their criminal history. The pendency of same case was also shown against co-accused Amit, who has been granted interim relief by co-ordinate Bench of this Court, as mentioned above. Considering the submissions advanced by the learned counsel for the petitioners and also taking into account that similarly placed co-accused Amit has been granted interim relief by this Court, it is directed that petitioners shall not be arrested in the above mentioned case till the submission of police report under Section 173(2) C.r.P.C. but they shall co-operate with the investigation of the case.
It is made clear that if there appears to be any other case found against the petitioners except the case mentioned in the gang chart earlier to lodging of the present FIR, the present order granting protection to the petitioners shall automatically stands discharged.
With the above direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Pritinker Diwaker,J.) Order Date :- 22.8.2019 A. Tripathi