Allahabad High Court
Sagar vs State Of U.P. And 2 Others on 9 June, 2020
Bench: Pankaj Naqvi, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 5162 of 2020 Petitioner :- Sagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gorakh Yadav Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Raj Beer Singh,J.
Heard Shri Gorakh Yadav, for the petitioner and Sri Patanjali Mishra, the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 05.12.2019, registered as Case Crime No. 1375 of 2019, under section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Noida Sector 49, District Gautam Buddh Nagar.
It is submitted on behalf of the petitioner that the Gangster Act was invoked against the petitioner on the basis of Case Crime No. 994 of 2019, under Section 3/4 Gambling Adhiniyam, P.S. Sector 49 Noida, District Gautam Buddh Nagar and Case Crime No. 1150 of 2019, under Section 3/4 Gambling Adhiniyam at the same police Station in which the petitioner claims to be enlarged on bail by the Court below.
Per contra learned A.G.A opposed the submission but does not dispute the claim on parity.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to his full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.6.2020 A. Tripathi