Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 37110 of 2018 Petitioner :- Shankarlal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhitosh Mishra,Pushpendra Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhitosh Mishra, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 30.9.2018, registered as Case Crime No.1243 of 2018, u/s 2/3 of U.P. Gangster Act, P.S. Kotwali Nagar, district Bulandshahr.
Learned counsel for the petitioner submits that on the basis of two criminal cases, the present case under the Gangster's Act has been imposed on the petitioner. In one case, proceeding has been stayed by learned Single Judge in 482 Cr.P.C. Application No.44991 of 2018 vide order dated 11.12.2018 and in another case, the arrest of the petitioner has been stayed by this Court on 28.8.2018 in Criminal Misc. Writ Petition No.23507 of 2018, copy of the said orders are annexed on page 21 and 23 of the present petition.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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 :- 18.12.2018 Gaurav