PREM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notices on behalf of the respondents 1 and 2. In the present petition prayer has been made for quashing of FIR relating to case crime no. 164 of 2009, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Mailani, District Kheri. We have gone through the FIR as well as gang chart of the petitioners, namely, Prem Chandra and Kundan. Against Prem Chandra three cases have been shown, which relate to case crime no. 1361 of 2008, under Sections 379/411 IPC, case crime no. 1380 of 2008, under Sections 147, 148, 149 and 307 IPC and case crime no. 1383 of 2008, under Section 3/25 Arms Act. Against Kundan also three cases have been shown, which relate to case crime no.1361 of 2008, under Sections 379/411 IPC, case crime no. 1380 of 2008, under Sections 147, 148, 149 and 307 IPC and case crime no. 1381 of 2008 under Section 325 Arms Act. Submission of learned counsel for the petitioners is that just to keep the petitioners behind the bars the impugned FIR has been lodged for the reason that case under Section 307 IPC is a police firing case in which nobody was injured and in all the three cases the petitioners have been bailed out. Further submission is that the present FIR has been lodged only in view to see that the petitioners go behind the bars on one way or the other. Issue notice to respondent no. 3, returnable at an early date. Let counter affidavit be filed by the respective opposite parties within six weeks. Rejoinder affidavit,if any, may be filed within next two weeks. List the petitioner after expiry of the said period. Till next date of listing, the petitioners shall not be arrested in the aforesaid crime number. Investigation shall go on and the petitioners shall cooperate in the investigation.