Hon'ble Vedpal,J.
Heard learned counsel for the petitioner as well as learned Additional Government Advocate.
Under challenge in this petition is FIR relating to case crime no. 1020 of 2010 under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 of Police Station Pasgawan, district Lakhimpur Kheri.
As it comes out, three cases have been shown against the petitoner in the gang chart; one relating to case crime no. 639 of 2010 under Section 393 IPC of Police Station Pasgawan, district Lakhimpur Kheri; second relating to case crime no. 641 of 2010 under Section 307 IPC of Police Station Pasgawan, district Lakhimpur Kheri; and the third relating to case crime no. 642 of 2010 under Section 3/25 Arms of Police Station Pasgawan, district Lakhimpur Kheri.
Arguments advanced by the learned counsel for the petitioner is that as soon as the petitioner has been released on bail in the above mentioned cases, the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 have been slapped on him just to see that he remains behind the bars.
There seems to be much force in the above argument of the learned counsel for the petitioner.
Issue notice to opposite party no. 5. Opposite parties may file counter affidavit within six weeks. Two weeks thereafter are granted to the petitioner to file rejoinder affidavit if any.
List after expiry of aforesaid period.
Till the next date of listing or till filing of charge sheet, whichever is earlier, the petitioner shall not be arrested in the above mentioned case crime number. Investigation shall go on and the petitioner shall cooperate with the same.
Order Date :- 22.6.2010 anb