UTPAL RAI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. The petitioner has approached this Court under Article 226 of the Constitution of India praying for quashing F.I.R. relating to case crime no. 296 of 2009 under Section 2 /3 U.P. Gangsters and Anti Social Activities (Prevention) Act of P.S. Gomtinagar, Lucknow. We have gone through the pleadings made in the writ petition and the F.I.R. It has been argued by the learned counsel for the petitioner and also as pleaded in paragraph-10 of the petition that two cases were registered against the petitioner which formed the basis of lodging the present F.I.R. against the petitioner and in both the cases the petitioner has been bailed out. It has further been pleaded in paragraph-14 of the petition that since the petitioner has joined a particular political party, as such, the impugned F.I.R. is the result of political vengeance. The petitioner has annexed along with the writ petition copy of F.I.R. relating to case crime no. 487 of 2008 under Sections 147, 148, 386, 508 & 507 IPC of police station Gomtinagar, Lucknow. It has been submitted by learned counsel for the petitioner that subsequently Section 364-A IPC was added. Submission of learned counsel for the petitioner is that if it would have been a case of kidnapping for ransom, this fact should have come out at the very inception of said F.I.R. which goes to show that the petitioner is being falsely implicated just to prevent him to participate in political activities. Let the things be as they are, we direct that counter affidavit be filed by opposite parties no. 1 and 2 within six weeks. Issue notice to opposite party no. 3 returnable at an early date who may also file counter affidavit within said period. List the case after expiry of said period before the appropriate court. Till the next date of listing, arrest of the petitioner in case crime no. 296 of 2009 under Section 2 /3 U.P. Gangsters and Anti Social Activities (Prevention) Act of P.S. Gomtinagar, Lucknow shall remain stayed. Investigation shall go on and the petitioner shall cooperate with the same.