Sufiyan v. State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 11635 of 2019

Petitioner :- Sufiyan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Kalim,Sabihul Akhlaq Ansari Counsel for Respondent :- G.A.

Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.

The instant petition seeks quashing of the FIR dated 14.03.2019 registered as Case Crime No. 93 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Rampur, District Saharanpur.

The contention of the learned counsel for the petitioners is that there is a solitary case recited in the Gang Chart against the petitioner which is Case Crime No. 21 of 2019, Police Station Rampur, District Saharanpur. In which, the petitioner was granted protection from arrest by order dated 18.02.2019 passed by this Court in Crl. Misc. Writ Petition No. 4265 of 2019.

We have perused the order dated 18.02.2019, which discloses that protection was granted till the submission of police report under Section 173(2) Cr.P.C. In the Gang Chart which has been annexed as Annexure 3 to the petition, at Page No. 21, it appears that in Case Crime No. 21 of 2019, charge-sheet no. 75 of 2019, dated 26.02.2019, has been filed.