MANOJ MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AGA for the State.

(2.) It is next submitted that the petitioner was not named in the base case. The charge-sheet in the base case, which is the basis of the impugned FIR, has not been filed in the Court. The petitioner had applied in a question- answer form to obtain the date on which the charge-sheet was filed in Court. However, the questionnaire was returned without any reply. The other questionnaire appended to the writ petition is one which contains a reply as to whether cognizance has been taken by the Court in base case i.e., Crime No. 366 of 2022 under Ss. 392, 411 IPC, Police Station Sarnath, Varanasi on the charge-sheet dtd. 14/3/2023. The answer to this question is "No".

(3.) It is, therefore, contended that till such time cognizance on the basis of the charge-sheet in base case had been taken, the same could not be made the basis for invocation of proceedings under the Gangsters Act.