Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16187 of 2020 Petitioner :- Shan Mohammad @ Khan Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Farid Ahmed Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
The present writ petition has been filed by the petitioner seeking for quashing the impugned first information report dated 27.5.2020 registered as case crime no. 183 of 2020 under section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, police station Asmouli District Sambhal with a further prayer not to arrest the petitioner in pursuance of the aforesaid first information report.
Learned counsel for the petitioner submits that as per the first information report only one case has been shown against the petitioner in gang chart in which he is on bail. Neither the petitioner is member of any gang nor he is involved in any anti social activity. It has been further argued that in Criminal Misc. Writ Petition No. 7233 of 2020 interim relief has been granted to the co-accused Fazil and Saqlain by a co-ordinate bench of this court vide order dated 31.7.2020, therefore, petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing the first information report.
Considering the facts and circumstances of the case and keeping in view that interim relief has been granted to the co- accused by a co-ordinate bench of this court, we dispose of this writ petition with the direction that petitioner shall not be arrested in the aforementioned case till credible evidence is collected / available against him during investigation or till submission of police report under section 173 (2) Cr.P.C. whichever is earlier.
Order Date :- 8.1.2021 Gss