This court disposed of a writ petition seeking quashing of an F.I.R. under the U.P. Gangster Act, directing that the petitioner not be arrested until the submission of the police report under Section 173(2) of CrPC and ensuring expeditious investigation.
Petitioner shall not be arrested till submission of police report under Section 173(2) Cr. P. C.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 1743 of 2018
Petitioner :- Devu Jaat @ Devendra Respondent :- State Of U.P. Counsel for Petitioner :- Mr Sanjay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mr Sanjay Kumar Mishra, learned counsel for the petitioner, Sri Deepak Misrha, learned A. G. A. 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 4.9.2017 registered as Case Crime No. 907 of 2017, under Section 2/3 U.P. Gangster Act, P.S. Highway, District Mathura.
From the perusal of the interim order dated 25.1.2018 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/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 :- 23.8.2018 A.P. Pandey
2 issues framed by the court
Whether the F.I.R. under Section 2/3 U.P. Gangster Act should be quashed.
Whether the petitioner should be arrested pending submission of the police report.
2 provisions across 2 enactments
Devu Jaat @ Devendra
State Of U.P.
Dinesh Kumar Singh-I
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
