Court No. - 50
Case :- CRIMINAL MISC. WRIT PETITION No. - 16000 of 2020 Petitioner :- Sunil Sen @ Chhotu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State- respondents.
The instant petition seeks quashing of the first information report dated 12.09.2020 registered as Case Crime No. 363 of 2020, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Prem Nagar, District Jhansi.
The contention of the learned counsel for the petitioner is that the petitioner was falsely implicated in two cases being (i) Case Crime No. 87 of 2020, under Sections 188, 34, 471, 468, 467, 420, 272 IPC and Section 60(2) of Excise Act at P.S. Prem Nagar, District Jhansi and (ii) Case Crime No. 321 of 2016, under Section 60/62m 63/72 of Excise Act and Section 273 of IPC, P.S. Kotwali Jhansi. It is further submitted that the petitioner was granted bail in Case Crime No. 87 of 2020 by order of this Court dated 24.08.2020 passed in Bail Application No. 19802 of 2020. It is further submitted that in respect of Case Crime No. 321 of 2016, it has been stated in paragraph no. 10 of the affidavit filed in support of the bail application that to the best of the knowledge of the deponent the petitioner has been granted bail by the competent authority. It has been submitted that thereafter he has been falsely implicated along with other accused by showing that he is part of a gang. It has been submitted that there are no clear allegations in respect of any gang activity by the petitioner.
Learned A.G.A. has opposed the prayer for quashing the first information report on the ground that as the allegations are in respect of constitution of a gang, the matter would require investigation.
Be that as it may, the allegations made in the first information report would require investigation.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation.
Order Date :- 5.1.2021 RavindraKSingh