Allahabad High Court
Gaus Mohiuddin Ansari And 2 Others vs State Of U.P. And 3 Others on 6 February, 2023
Bench: Kaushal Jayendra Thaker, Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 2042 of 2023 Petitioner :- Gaus Mohiuddin Ansari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Ranjan Mishra,Ajay Srivastava,Sr. Advocate Counsel for Respondent :- G.A.,Sudist Kumar Hon'ble Dr. Kaushal Jayendra Thaker,J.
Hon'ble Saurabh Srivastava,J.
Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Alok Ranjan Mishra, learned counsel for petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Sanjay Kumar Singh, learned counsel for State.
Issue notice to private respondent no.4 who is a residence of State of Bihar and who, after 22 years of incident having been taken place has come up before the Police Authority that the present petitioners were also involved in the incident which took place way back in the year 2001.
We request the counsel appearing on behalf of State to file its reply within four weeks from today.
In paragraph no. 10 and 11 the vocation of the present petitioner has been mentioned and it is also stated in paragraph no.13 that they were closely connected with ex-M.L.A. Mr. Mokhtar Ansari ( then then MLA from Mau Constituency).
As 21 years have elapsed since the time incident is alleged to have occurred, we feel that looking to the facts and circumstances and the fact that in the State of Uttar Pradesh the accused cannot move the Court seeking anticipatory bail if they are alleged to have committed homicide and they are facing charges under Section 302 of Indian Penal Code also. Hence, we grant four weeks' time to the police authority, if the police authority wants to investigate the matter, they may interrogate the accused and carry on investigation but no coercive means be adopted till the next date of hearing.
Steps be taken immediately.
List on 13.3.2023.
This Court is thankful to all the lawyers for ably assisting the Court.
Order Date :- 6.2.2023/Mukesh