Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20091 of 2019 Petitioner :- Vinod Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh,Rajesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner, Sri Amrit Raj Chaurasia, learned A.G.A. appearing 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 quash the FIR dated 15.6.2019, registered as case crime No.75 of 2019, under Section 2/3 (I) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Dokati, District Ballia.
Learned counsel for the petitioner submits that only on the basis of one criminal case, i.e., Case Crime No.57 of 2019, under Sections 60 (I)/63 Excice Act and Section 419, 420, 467, 468, 471, 272, 273 IPC, P.S. Kokati, Distrct Ballia, in which petitioner has already got himself bailed out, the impugned FIR under the Gangster Act has been lodged against the petitioner, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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.
It is made clear that if there appears to be any other case found against the petitioner except the case mentioned in the Gang Chart earlier to lodging of the present FIR, the present order granting interim protection to the petitioner shall automatically stands discharged.
With the above direction, this petition is finally disposed of.
Let a copy of this order be produced before the SSP concerned by the petitioner within 10 days from today.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2019 Neeraj