Court No. - 28 Case :- MISC. BENCH No. - 12122 of 2009 Petitioner :- Ram Pal S/O Sohan Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Amrendra Singh Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
material placed on record.
The F.I.R. is under Crime No. 772 of 2009, under Sections 2/3 U.P. Gangster
Act, Police Station Kotwali Tikuniya, District-Kheri.
A perusal of the F.I.R. discloses commission of cognizable offence, therefore,
it cannot be quashed.
Learned counsel for the petitioner, however, submits that on the basis of one
case under Sections 379, 411, 353, I.P.C. read with Section 2/27/135 (6)/51 of
Wild Life Protection Act, the provisions of Gangster Act have been slapped.
It is also submitted that these offences are triable by Magistrate.
In view of the above, this petition is disposed of finally with the direction that
till any credible and cogent evidence is collected against the petitioner (Ram
Pal), he shall not be arrested in the aforesaid case crime number, subject to his
full co-operation in the investigation, which shall go on.
Petition stands disposed of finally.
Order Date :- 10.5.2010
ML/-