High Court disposed of writ petition seeking quashing of FIR under U.P. Gangster Act. Court directed stay of arrest pending police report under Section 173(2) Cr.P.C. and mandated completion of investigation within six weeks.
Stay of arrest of petitioners till submission of police report under Section 173(2) Cr.P.C.; Case disposed of.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2598 of 2018
Petitioner :- Rambhool And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava,Ravitendra Pratap Singh Chandel
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.C. Srivastava, learned counsel for the petitioners, Sri Vikas Sahai, 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 01.01.2018 which has been registered as Case Crime No. 03 of 2018 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act-1986 P.S. Phase-3, District Gautam Buddha Nagar.
From the perusal of the interim order dated 5.02.2018 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 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 :- 30.5.2018 A. Mandhani
2 issues framed by the court
Whether the Special Leave to Petitioner's application to quash the F.I.R. under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act-1986 allows in the given facts.
Whether to grant direction to stay the arrest of the petitioners till submission of police report.
2 provisions across 2 enactments
Rambhool And Another
State Of U.P. And 3 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
