Disposed

Jitendra Alias Jeetu v. State of U.P. and 2 Others

Allahabad HC3 May 2019CRLP/11880/2019

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR under the U.P. Gangsters and Anti Social Activities Act. The court dismissed the quashing plea as gang determination requires investigation but granted interim protection against arrest till the police report is submitted.

What did the court decide?

Interim order granting protection against arrest until submission of police report under Section 173(2) Cr.P.C., subject to petitioner's cooperation.

Jitendra Alias Jeetu Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 11880 of 2019

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Petitioner :- Jitendra Alias Jeetu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Bahadur Shivhare Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 02.04.2019 registered as Case Crime No.62 of 2019, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Jariya, District Hamirpur.

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The contention of the learned counsel for the petitioner is that the impugned first information report has been lodged on account of previous implication of the petitioner in two cases of the year 2017. It has been submitted that one case relates to Section 41/102 Cr.P.C. read with Section 411 IPC and the other case relates to Section 457, 380 IPC. It has been submitted that in those cases, the petitioner has been released on bail and except for those cases, there is no recent activity of the petitioner on the basis of which it could be inferred that the petitioner is part of gang.

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Whether the petitioner is part of a gang or not would depend upon the material collected during the course of investigation.

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Since the first information report alleges that the petitioner is part of a gang which is engaged in offences punishable under Chapter XVI, XVII and XXII of the Indian Penal Code, the prayer of the petitioner to quash the first information report cannot be accepted.

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However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.

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Order Date :- 3.5.2019 AKShukla/-

Jitendra Alias Jeetu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jitendra Alias Jeetu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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