Rohit Agarwal v. State of U.P. Thru. Prin. Secy. Home Lko.

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 191 of 2024

Petitioner :- Rohit Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Petitioner :- Pranjal Krishna Counsel for Respondent :- G.A.

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

Heard Shri Pranjal Krishna, learned counsel for the petitioner and Shri S.N. Tilhari, learned A.G.A. for the State.

The contention of the petitioner's counsel is that the sole criminal case mentioned in the gang chart in which it was alleged that the petitioner is involved, has been quashed by this High Court in proceedings under Section 482 Cr.P.C. albeit on the basis of a compromise, therefore, now, there is no material on the basis of which the Gang Chart and impugned F.I.R. based thereon against the petitioner can be sustained. It is, therefore, liable to be quashed.

Let Shri S.N. Tilhari, learned A.G.A. file counter affidavit annexing therewith the entire material which is the basis for preparation of the Gang Chart and lodging of the impugned F.I.R. under the Gangsters Act against the petitioner and demonstrate as to what is the material as of now against the petitioner for investigation in terms of the impugned F.I.R., within a period of two weeks.

Rejoinder affidavit, if any, may be filed within a period of one week.