Court No. - 25 Case :- MISC. BENCH No. - 2935 of 2010 Petitioner :- Kishan, S/O- Mani Ram, Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Suresh Chandra Shukla,Krishna Kr. Dwivedi Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to case
crime no. 176 of 2010 under Section 3(1) U.P. Gangsters and Anti
Social Activities (Prevention) Act, Police Station Malhipur, District
Shravasti.
We have gone through the contents of the FIR and also gang chart
annexed as Annexure no. 4 to the writ petition.
As it comes out from the record that one case has been shown
against the petitioner relating to crime no. 135 of 2010 under
Sections 379 and 411 I.P.C.
Argument advanced by the learned counsel for the petitioner is that
since the petitioner has been released on bail in the aforesaid crime
number, the present FIR has come into the light just to see that he
remains behind the bars on one pretext or the other and it is
kargujari of the police personnel.
There seems to be substance in the argument of the learned
counsel for the petitioner.
Accordingly we dispose of the writ petition with the direction that
the petitioner shall not be arrested in the aforesaid case crime
number unless and until some cogent and reliable evidence comes
forward against him. However, investigation shall go on and the
petitioner shall cooperate with the same.
Order Date :- 2.4.2010
Tripathi