Allahabad High Court
Vineet Dixit & Anr. vs State Of U.P., Thru. Prin. Secy.,Home & ... on 2 August, 2010
Bench: Raj Mani Chauhan, Virendra Singh
Court No. - 20 Case :- MISC. BENCH No. - 7217 of 2010 Petitioner :- Vineet Dixit & Anr. Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Rakesh K. Tripathi,Anil Kr. Bajpai Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon'ble Virendra Singh,J.
Heard learned counsel for the petitioners, learned A.G.A and perused the documents available on record.
This petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned FIR dated 15.07.2010, registered in case crime No. 331 of 2010, under Section 2/3 U.P. Gangsters Act, Police Station Ramkot, District Sitapur and also for direction to the opposite parties not to arrest the petitioners in pursuance to the said impugned FIR. The submission of learned counsel for the petitioners is that as per gang chart, two criminal cases have been shown against each of the petitioners. One case relates to under Section 25 (1-B) Arms Act, which is not covered under the Gangster Act and the second case is under Sections 392, 411 I.P.C. in which the petitioners are already on bail. Therefore, they deserve interim protection during investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners and A.G.A. We have gone through the contents of the FIR. The allegations made in the FIR disclose the commission of cognizable offence mentioned therein, therefore, we do not find any ground to quash the FIR. The petition is devoid of any merit and is liable to be dismissed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is provided that in case the petitioners appear before the court concerned and move any bail application, the same will be considered and disposed of by the courts below expeditiously.
Order Date :- 2.8.2010 Renu