Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37316 of 2018 Petitioner :- Sonu Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Smt. Pratibha Singh for the petitioner and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 25.8.2018 (registered as Case Crime No. 256 of 2018), u/s 3(1) of U.P. Gangster and Anti-Social Activities Prevention Act, 1986, P.S. Kerakat, district Jaunpur.
A perusal of the Gang Chart shows that on the basis of Case Crime No. 193 of 2018, u/s 392, 411, 120-B I.P.C., the present F.I.R. has been registered against the petitioner.
Counsel for the petitioner submits that the petitioner was not named in Case Crime No. 193 of 2018. During investigation, the petitioner was implicated in that case. The petitioner was granted bail in the aforesaid case on 2.8.2018, then the present F.I.R. was registered on 25.8.2018.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in pursuance of F.I.R. dated 25.8.2018 (registered as Case Crime No. 256 of 2018), u/s 3(1) of U.P. Gangster and Anti-Social Activities Prevention Act, 1986, P.S. Kerakat, district Jaunpur, till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Jaideep/-