Ram Gopal vs State Of U.P. And 3 Others
2018 Latest Caselaw 3387 ALL

Citation : 2018 Latest Caselaw 3387 ALL
Judgement Date : 27 October, 2018

Allahabad High Court

Ram Gopal vs State Of U.P. And 3 Others on 27 October, 2018

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 29728 of 2018
 
Petitioner :- Ram Gopal
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Yogendra Misra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.

The present petition has been filed to quash the order dated 13.08.2018 passed by the Commissioner Agra Division, Agra (respondent no. 2) in Appeal No. C-1663 of 2018 and C-1664 of 2018 (Ram Gopal Vs. State of U.P.) under Section 6 of U.P. Control of Gundas Act and order dated 31.05.2018 passed by the Addl. District Magistrate (Administration) Agra in Case No. D-201801010002580 of 2018 (State of U.P. Vs. Ram Gopal) under Section 3 of U.P. Control of Gundas Act, Police Station Malpura, District Agra.

Learned counsel for the petitioner submits that the petitioner is not a habitual offender. Only one case under section 304 IPC has been lodged against the petitioner. In that incident the role of firing has been shwon to one Pappu Pradhan. The petitioner has not caused any injury to the deceased. The two other NCR under section 506 IPC have also been lodged against the petitioner. In fact, the petitioner is innocent and has falsely been implicated in that case. Reliance has been placed on a judgment of this Court in the case of Azad Singh Vs. State of U.P. passed in Misc. Single No. 3732 of 2012 decided on 11.09.2012. It is thus submitted that the present prosecution cannot continue.

Matter requires consideration.

Notice on behalf of respondent nos. 1 to 4 has been accepted by learned A.G.A.

Learned AGA may file counter affidavit within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, no coercive measure shall be taken against the petitioner in the aforesaid case.

Order Date :- 27.10.2018

Masarrat