Allahabad High Court High Court

J.K. Rai @ Gajendra Rai vs State Of U.P.,Thru. Prin. … on 5 August, 2010

Allahabad High Court
J.K. Rai @ Gajendra Rai vs State Of U.P.,Thru. Prin. … on 5 August, 2010
Court No. - 20

Case :- MISC. BENCH No. - 7454 of 2010

Petitioner :- J.K. Rai @ Gajendra Rai
Respondent :- State Of U.P.,Thru. Prin. Secy.,Home & Others
Petitioner Counsel :- Satyendra Kr. Singh,Vijay Pratap Singh
Respondent Counsel :- G.A.

Hon'ble Raj Mani Chauhan,J.

Hon’ble Virendra Singh,J.

Heard learned counsel for the petitioner, learned A.G.A and perused the
documents available on record.

This petition under Article 226 of the Constitution of India has been filed by
the petitioner for quashing the impugned FIR, registered in case crime no.
296/2009 under Sections 2/3 U.P. Gangsters and Anti Social Activities
(Prevention) Act registered at Police Station Gomtinagar, Distt. Lucknow and
also for direction to the opposite parties not to arrest the petitioner in
pursuance to the said impugned FIR.

The submission of learned counsel for the petitioner is that as per gang
chart one criminal case has been shown against each of the accused. Co-
accused Uttpal Rai has already been allowed protection by this Court
vide order dated 15.05.2009. Therefore, the present petitioner also
deserves the same protection.

Learned A.G.A prays for and is allowed time to seek instructions by
11.08.2010.

List on 11.08.2010, along with W.P.No. 3497 (M/B) of 2009, for
hearing. Till then no coercive steps will be taken by the Investigating
Officer against the petitioner.

Order Date :- 5.8.2010
Shahnaz