Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the applicant and learned Additional Government Advocate.
Under challenge is the FIR relating to Case Crime No. 594 of 2009, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) aCt, 1986, Police Station- Kotwali Nagar, district Barabanki.
We have gone through the contents of the FIR as well as the Gang-chart annexed hereto.
Arguments advanced by the learned counsel for the petitioner is that earlier the petitioner was charged in Case Crime No. 585 of 200, under Sections 147,148, 307, 504 and 506 IPC read with Section 7 Criminal Law Amendment Act, relating to Police Station Kotwali Nagar, district Barabanki and he was released on bail in the aforesaid case only on 28.05.2009 and the present FIR came into existence on 06.04.2009 i.e. the time when the petitioner was in jail to see that the petitioner may remain behind the bars. It is further stated that no remand was obtained by the police authorities and they were trying to arrest the petitioner on the basis of the present FIR which goes to show conduct of the police authorities who are trying to harass and victimize the petitioner and to see that on one pretext or the other, the petitioner remains behind the bars.
Seeing the facts and circumstances of the case, let notice be issued to the opposite party no. 3 returnable at an early date. Let counter affidavit be filed by the respective opposite parties within two weeks. Rejoinder Affidavit, if any, may be filed within next one week. List after expiry of aforesaid period.
In the aforesaid circumstances, we hereby direct that the petitioner shall not be arrested in the aforesaid case crime number till further orders of the Court or till submission of report under Section 173 CrPC, whichever is earlier, provided he cooperates with the investigation, which shall go on. Order Date :- 2.2.2010 Kaushal