Court No. - 20 Case :- MISC. BENCH No. - 6919 of 2010 Petitioner :- Sanju Tiwari Respondent :- State Of U.P. Through Principal Secy.Home Lucknow And Ors. Petitioner Counsel :- Anil Mishra Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
This petition under Article 226 of the Constitution of India has been filed by
the petitioners for quashing the impugned F.I.R. dated 17.06.2010 registered
as Case Crime No.837 of 2010, under section 3 (1) of U.P. Gangster Act,
1986, Police Station Bihar, District Unnao and also for direction to the
opposite parties not to arrest the petitioner in pursuance to the said impugned
F.I.R.
The submission of the learned counsel for the petitioner is that on the basis of
a single criminal case the police has slapped the gangster act against the
petitioner, the case shown against the accused in the gang chart is still under
investigation in which the accused is already on bail. Since no charge-sheet
has yet been submitted by the Investigating Officer in a criminal case pending
against the accused and therefore no gangster act can be slapped against the
accused. The accused-petitioner, therefore deserves for interim protection
during investigation.
Learned A.G.A. has opposed the petition.
We have gone through the contents of the F.I.R. which disclose the
commission of cognizable offence and as such it cannot be quashed.
The petition is, therefore, dismissed.
However, keeping in view the facts and circumstances of the case, it is
provided that in case the petitioner appears before the court concerned and
moves any bail application, the same will be disposed of by the courts below
expeditiously.
Order Date :- 26.7.2010
PAL