Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33631 of 2018 Petitioner :- Vikush Garg Alias Vicku Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ghan Shyam Das,Kamal Krishna Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. registered as Case Crime no. 928 of 2018, under Section 2/3(1) of the U.P. Gangsters & Anti Social Activities Prevention Act, 1986, P.S. Dadri, district-Gautam Budh Nagar.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 only on the basis of his being accused in a single case namely, Case Crime No.402 of 2018 u/s 420 IPC and Section 3/7 of the Essential Commodities Act, in which the arrest of the petitioner has been stayed by another co-ordinate Bench of this Court by order dated 2.7.2018 passed in Criminal Misc. Writ Petition No.15062 of 2018, copy whereof has been filed as Annexure-4 of the writ petition. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 26.11.2018 Shalini