Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioner and also learned A.G.A. appearing for the State.
We have been taken through the allegations contained in the F.I.R. and the material on record.
The counsel for the petitioner submitted that earlier petitioner was involved in case crime no. 869 of 2009 and on the basis of the same case impugned FIR under Gangster Act has been registered. The arrest of the Sandeep Bhadauria was stayed by this Hon'ble Court and thereafter impugned FIR has been lodged.
Issue notice to respondent no.3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List this matter after expiry of the aforesaid period. Till the next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioner, namely,Sandeep,who is involved in case crime no. 1213 of 2009 under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Kotwali Nagar, District Banda shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
Order Date :- 4.1.2010 MTA