Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15594 of 2018 Petitioner :- Shabeeh Haider And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Imran Ullah,Mohammad Khalid Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Mr. Mohammad Khalid, learned counsel for the petitioners and Mr. Deepak Mishra, learned AGA and perused the materials available on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 29.5.2018 registered as case crime no.229 of 2018 under sections 2/3 U.P. Anti-Social Activities (Prevention) Act, 1986, police station Manjhanpur, district Kaushambi.
Learned counsel for the petitioners submitted that as per the present FIR, two cases have been shown against the petitioners as Case Crime No. 142 of 2018, under Sections 147, 452, 448, 427, 323, 504 and 506 IPC, which was registered on 21.4.2018 in which charge sheet was submitted on 25.5.2018, and the other FIR i.e. Case Crime No. 212 of 2018, under Section 147, 323, 504 and 506 IPC, which was registered on 22.5.2018 and after three days of the registration of the FIR on 25.5.2018, charge sheet was submitted. He states that the petitioners had approached this Court and this Court had passed an order on 4.7.2018 calling upon the district police to explain the matter and a counter affidavit has been filed.
The said fact could not be disputed by the learned AGA. He states that on the basis of said two cases the present FIR under Gangsters Act has been imposed.
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 they 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 :- 27.8.2018 Sumaira