Citation : 2018 Latest Caselaw 1485 ALL
Judgement Date : 11 July, 2018
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 18203 of 2018 Petitioner :- Jitendra Agarwal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Dwivedi,Indra Kumar Chaturvedi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri I.K. Chaturvedi, learned counsel for the petitioner, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 08.6.2018 registered as case crime no.418 of 2018 under sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, police station Shahganj, District Agra.
Learned counsel for the petitioners submits that two cases have been shown in the gang chart against the petitioner i.e. Case Crime No. 318 of 2015 under section 420,406, 413, 418, 504, 506 IPC PS Shahganj, District Agra and Case Crime No.395 of 2015 under section 406.420 IPC, P.S. New Agra, District Agra in which charge-sheet was submitted against the petitioner and proceedings of both the cases have been stayed by this Court vide order dated 24.2.2016 passed in Application U/s 482 Cr.P.C. No.5614 of 2016 (Jitendra Agarwal and another vs. State of U.P. and another) and order 16.3.2016 passed in Application U/S Cr.P.C. No.8291 of 2016 (Jitendra Agrawal and another vs. State of U.P. and another) respectively. He further states that there is a dispute of business transaction.
S.S.P. Agra shall file a personal affidavit stating as to under what circumstances after two years the present FIR has been lodged against the petitioner on the basis of the said two cases.
List this case on 26.7.2018.
Till the next date of listing, the petitioner shall not be arrested in Case Crime No.418 of 2018 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Shahganj, District Agra.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 11.7.2018
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