The court disposed of a writ petition seeking quashing of an FIR under the U.P. Gangster Act. Directions were issued to stay the petitioner's arrest pending submission of the police report and to expedite investigation.
Stay of arrest pending submission of police report under Section 173(2) Cr.P.C.; direction to complete investigation within six weeks.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 1417 of 2018
Petitioner :- Wasim Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Mr Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kumar Dhananjay, learned counsel for the petitioner, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 06.12.2017 which has been registered as Case Crime No. 1047 of 2017 under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Murad Nagar, District Ghaziabad.
From the perusal of the interim order dated 24.1.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioner, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.
The petitioner shall file a certified copy of this order within two weeks from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the concerned authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 19.7.2018 Puspendra
1 issue framed by the court
Whether the F.I.R. under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 should be quashed.
2 provisions across 2 enactments
Wasim
State Of U.P.
Anr.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
