Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24110 of 2019 Petitioner :- Satveer And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Imam Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30th March, 2019 registered as Case Crime No.130 of 2019, under Section 2/3 of U.P. Gangsters of Anti-social Activities (Prevention) Act at Police Station Knowledge Park, District Gautam Buddh Nagar.
The allegations are that petitioners are part of a gang which is indulging in disposing off property falling in river bed. It has been submitted that the petitioners themselves are purchasers. It has also been contended that in respect of Case Crime No.0348 of 2018, which has been cited as one of the cases pending against the gang members, the petitioners have been granted protection by this court vide order dated 12th October, 2018 passed in criminal misc. writ petition no.29438 of 2018.
Be that as it may, whether the sale deed executed in favour of the petitioners is a sham or a genuine transaction would have to be determined on the basis of the material collected during the course of investigation and therefore since the allegations disclose that by an organized gang activity the land of river bed is being transferred/disposed off, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173 (2) CrPC provided they co- operate in the investigation. It is made clear that this protection order would not come in the way of State Authorities to take possession of land or property as per law.
Order Date :- 26.11.2019. Rks.