Court No. - 25 Case :- MISC. BENCH No. - 329 of 2010 Petitioner :- Chhakkan @ Rajendra Shukla S/O Sunder Shukla Respondent :- State Of U.P. Thru Prin. Secy. Home & Ors. Petitioner Counsel :- Rishad Murtaza 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 this writ petition is FIR relating to crime no.1501 of 2009
under Section 2/3 of the U.P. Gangsters and Anti Social Activities
(Prevention) Act of Police Station Salon district Rae Bareli.
We have gone through the contents of the FIR and the gang chart which
mentions one case against the petitioner, being case crime no. 1123 of 2009
under section 307 IPC.
Argument advanced by the learned counsel for the petitioner is that as soon as
the petitioner was released on bail on 24.12.2009 by order passed by this
Court, copy of which been annexed along with the writ petition as Annexure-
3, on 25.12.2009 the present FIR has been lodged against the petitioner. His
submission is that this itself goes to show that the instant FIR has been lodged
against the petitioner with mala fide intention and to circumvent and frustrate
the bail order dated 24.12.2009 passed by this Court and to see that the
petitioner remains behind the bars. It is further argued that the instant FIR has
been lodged at the instance of the police personnel of police station Salon
with the connivance of opposite party no. 3 with ulterior motive.
We find substance in what has been argued by the learned counsel for the
petitioner.
Issue notice to opposite party No. 3 returnable at an early date.
The opposite parties may file counter affidavit within six weeks. Two weeks
thereafter are allowed to the petitioner to file rejoinder affidavit, if any.
List after expiry of said period.
Till the next date of listing the petitioner shall not be arrested in the above
mentioned case crime number. Investigation shall go on and the petitioner
shall cooperate with the same.
Order Date :- 18.1.2010
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