MANOJ PATIDAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Narendra Singh Chahar, learned Counsel for the petitioner and Shri R.K. Singh, learned Additional Government Advocate.

(2.) THIS writ petition has been filed for quashing of an FIR dated 13.1.2008 and for staying the arrest of the petitioner in case crime No. 694 of 2008, under sections 60/72 Excise Act, case crime No. 695 of 2008, under sections 420/467/468/471 IPC and case crime No. 696 of 2006, under sec ­tions 2/3 of Gangsters Act, police station Highway, district Mathura.

(3.) IT was argued by the learned Counsel for the petitioner that the peti ­tioner was not named in the FIR and that he was only assigned the power of attorney by the company (Annexure 3) for obtaining the delivery of the property. It was further contended that he was not present at the time when the vehicle was seized and that it would be a travesty of justice if every person seeking release of a property on behalf of an accused firm on the basis of a power of attorney was also to be made an accused under the Gangsters Act.