Disposed

Avinash Maurya v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

Allahabad HC7 Aug 2024CRLP/5688/2024

Case brief

AI extract

What is this about?

Petition for quashing an FIR under UP Gangster Act and direction not to arrest granted during pendency of counter-affidavit filing.

What did the court decide?

Relief to restrain arrest of petitioner till next date.

What the court decided

Avinash Maurya vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5688 of 2024

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Petitioner :- Avinash Maurya Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Others Counsel for Petitioner :- Shyam Kinkar Pandey Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioner and learned AGA who appears on behalf of State-respondents.

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This petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 31.7.2024 registered as FIR No. 0682 of 2024 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at Police Station, Kotwali, District Barabanki and for a direction to the respondents not to arrest the petitioner pursuant to the impugned FIR.

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Learned counsel for the petitioner submits that the dispute is purely private and civil in nature between the parties. He further submits that the petitioner has already executed a sale deed as alleged in FIR No. 788 of 2023 in favour of the informant and the parties have entered into a compromise, the proceedings for setting aside the same are going on before the Civil Court and in the said case this Court had also granted anticipatory bail to the petitioner. He further submits that only on the basis of one case the proceedings under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 has been drawn against the petitioner wherein petitioner is on bail and, as such, the proceedings under the Gangster Act is liable to be set aside.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of Staterespondent nos.1 to 3.

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Issue notice to respondent no. 4 returnable at an early date. Steps to be taken within a week.

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All the respondents are accorded three weeks time to file counter-affidavit. A week's time, thereafter, is granted to file rejoinder affidavit.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the impugned FIR dated 31.7.2024 registered as FIR No. 0682 of 2024 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 at Police Station, Kotwali, District Barabanki subject to cooperation in the investigation.

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(Narendra Kumar Johari, J.) (Vivek Chaudhary,J.)

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Order Date :- 7.8.2024 AKK

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Avinash Maurya v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

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Avinash Maurya v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

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