Court No. - 28 Case :- MISC. BENCH No. - 4292 of 2010 Petitioner :- Pradeep Singh, S/O-Amarnath Singh Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- Indrajeet Shukla Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Tag along with Writ Petition No.2607 (M/B) of 2010 and list accordingly.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the
material on record.
This petition has been filed impugning the F.I.R. in respect of Case Crime
No.313 of 2010, Under Sections 2/3 (1) U.P. Gangster Act, Police Station
Gosainganj, District Sultanpur.
Learned counsel for the petitioner, however, submits that the provision of
gangster act has been slapped on the basis of the sole case shown in the gang
chart under Section 401 I.P.C. in respect of which the petitioner has already
filed a Writ Petition No.2607 (M/B) of 2010 which is still pending. As an
interim measure it has been provided by this Court on 20.03.2010 that the
petitioner shall not be arrested unless and until any credible and cogent
evidence is collected against him.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances it is provided that till the next
date of listing or filing of the charge-sheet, if any, whichever is earlier, the
petitioner (Pradeep Singh) shall not be arrested in Case Crime No.313 of
2010, Under Sections 2/3 (1) U.P. Gangster Act, Police Station Gosainganj,
District Sultanpur subject to his full cooperation in the investigation which
shall go on.
Order Date :- 10.5.2010
PAL/