Allahabad High Court
Arif Anwar Hashmi & Others vs State Of U.P. Thru. Addl. Chief ... on 2 December, 2020
Bench: Ritu Raj Awasthi, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 22882 of 2020 Petitioner :- Arif Anwar Hashmi & Others Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin.Secy. Home & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar,Abhiuday Pratap Singh Counsel for Respondent :- G.A. Hon'ble Ritu Raj Awasthi,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. H.G.S. Parihar, learned Senior Advocate assisted by Mr. Abhiuday Pratap Singh, learned counsel for petitioners, learned A.G.A. on behalf of the State and perused the record.
By means of present writ petition, the petitioners have prayed for quashing of impugned First Information Report dated 8.11.2020 lodged at F.I.R./Case Crime No.156 of 2020, under Section 3(1) U.P. Gangster & Antisocial Activities (Prevention) Act, 1986, P.S. Sadulla Nagar, District Balrampur.
Learned counsel for the petitioners submits that as per gang chart three criminal cases have been shown against the petitioner no.1 (Case Crime No.98 of 2020, under Sections 419/420/447/467/468/471 IPC & Section 2/3 of Damages of Public Property Act, Police Station Sadulla Nagar, District Balrampur, Case Crime No.114 of 2020, under Sections 506, 420, 419 IPC, PS Sadulla Nagar, District Balrampur and Case Crime No.164 of 2019 under Section 2/3 of Damages of Public Property Act, 1984, Police Station Khodare, District Gonda), whereas two criminal cases have been shown against petitioner no.2 (Case Crime No.98 of 2020, under Sections 419/420/447/467/468/471 IPC & Section 2/3 of Damages of Public Property Act, Police Station Sadulla Nagar, District Balrampur, Case Crime No.114 of 2020, under Sections 506, 420, 419 IPC, PS Sadulla Nagar, District Balrampur) and only one criminal case has been shown against petitioner no.3 (Case Crime No.98 of 2020, under Sections 419/420/447/467/468/471 IPC & Section 2/3 of Damages of Public Property Act, Police Station Sadulla Nagar, District Balrampur). It is submitted that petitioners no.1 to 3 have been made accused in Case Crime No.98 of 2020 regarding which the FIR was challenged before the High Court in Writ Petition No.14929 (MB) of 2020 and the court vide order dated 19.9.2020 has stayed the arrest of the petitioners. The said order is still operative.
So far as the Case Crime No.114 of 2020 is concerned the petitioner no.1 is the sole accused in that case and has been bailed out. In Case Crime No.91 of 2019 only petitioner no.2 has been made accused. The charge sheet has been filed under Sections 506, 506 and 355 IPC read with Section 3 (1) (d) SC/ST Act. All these offences entail punishment of less than seven years. In Case Crime No.164 of 2019 only petitioner no.1 is made accused.
The submission is that there is only one criminal case shown in the gang chart against petitioner no.3 in which his arrest has been stayed by the High Court, wheres two criminal cases have been shown in the gang chart against petitioner no.2, in one criminal case i.e. Case Crime No.98 of 2020 the arrest of petitioner no.2 has been stayed by High Court, whereas in Case Crime No.91 of 2019 the alleged offences entail punishment of less than seven years.
Learned A.G.A. informs that the petitioner no.1 is already in jail in relation to Case Crime No.137 of 2018 with effect from 5.9.2020.
In view of above,considering the entire facts of the case and after hearing parties counsel, the writ petition is disposed of with the observations that that till filling of the police report under Section 173(2) Cr.P.C., or till credible evidence is found, whichever is earlier, petitioner no.2 and 3 shall not be arrested in connection with the aforesaid F.I.R. number. However, the petitioners will co-operate with the investigation.
Order Date :- 2.12.2020 Ram.