Court stayed arrest and set completion timeline for investigation into FIR under U.P. Gangster Act pending police report.
Direction to not arrest petitioners till police report under Section 173 Cr.P.C. is submitted.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 1490 of 2018
Petitioner :- Anil Vishwakarma And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Mr Ravitendra Pratap Singh Chandel,Mr A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Azhar Hussain, Advocate holding brief of Sri Mr. Ravitendra Pratap Singh Chandel, learned counsel for the petitioners and Sri Irshad Hussain, learned brief holder 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 1.1.2018 registered as Case Crime No. 03 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at P.S. Phase-3, District Gautam Budhha Nagar.
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 petitioners, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.
The petitioners shall file a certified copy of this order within two weeks from today before the SSP/SP 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 :- 12.7.2018/A.P. Pandey
1 issue framed by the court
Whether the FIR under the U.P. Gangster Act should be quashed.
2 provisions across 2 enactments
Anil Vishwakarma
State Of U.P.
Dinesh Kumar Singh
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
