Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10383 of 2018 Petitioner :- Surya Prakash Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rameshwar Singh Kushwaha Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri R.S. Kushwaha, learned counsel for the petitioner, Sri G.P. Singh, 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 by the petitioner with a prayer to issue a direction to respondent no. 3 not to arrest the petitioner in case crime no. 92 of 2018 under sections 2 and 3 of U.P. Gangster Act and Anti Social Activities (Prevention) Act, police station Naini, District Allahabad.
Learned counsel for the petitioners submits that the petitioner is not named in the F.I.R. His name came into light during the course of investigation. He submits that the co-accused persons, who were named in the F.I.R. have challenged the same before this Court in Crl. Misc. Writ Petition No. 5298 of 2018 in which interim protection was given to them vide order dated 5.3.2018 copy of which has been annexed at page-25 of the present petition.
Learned A.G.A. opposed the prayer made by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Shiraz