Allahabad High Court
Izhar And Another vs State Of U.P. And 5 Others on 9 July, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 18689 of 2019
Petitioner :- Izhar And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Nitesh Kumar Srivastava
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today by learned counsel for the petitioners is taken on record.
Heard Sri Nitesh Kumar Srivastava, learned counsel for the petitioners, Sri Jai Narain, 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 petitioners with the prayer for quashing the Gang Chart dated 21.1.2014 prepared by the Investigating Officer of police station Tiwaripur, district Gorakhpur.
Learned counsel for the petitioners submits that as per Gang Chart which has been annexed as annexure no.6 to the writ petition, there appears to be single case shown against the petitioners i.e. case crime no.223 of 2012 u/s 147, 504, 386, 506, 336 IPC and 7 Crl. Law Amendment Act, police station Tiwaripur, district Gorakhpur. The proceeding of the said case was challenged by one of the accused by filing 482 Cr.P.C Application No.37920 of 2013 in which his arrest has been stayed by learned Single Judge of this Court vide order dated 24.10.2013. He further submits that an FIR was also registered under the Gangster's Act against the petitioners on the basis of said case i.e. case crime no.37 of 2014 on 8.3.2014, copy of the same is annexed as annexure no.7 to the present petition and in the said FIR charge sheet has been submitted and the competent court has taken cognizance on 19.5.2015, copy of the same is annexed on page 52 and 53 of the present petition. As the case on the basis of which Gangster's Act has been imposed, investigation is still pending and arrest has been stayed therefore, he is not able to challenge the charge sheet pending before the competent court. He filed 482 Cr.P.C. application challenging the proceeding of the said case before learned Single Judge of this Court who has dismissed the petition with liberty to challenge the gang chart, hence present writ petition has been filed before this Court.
It is an admitted fact that case crime no.223 of 2012 is still under investigation.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, the S.S.P., Gorakhpur is directed to ensure that the investigation of the said case is concluded within the period of three weeks' from the date of production of certified copy of this order before him and police report be submitted before the court concerned.
For a period of three weeks' no coercive action shall be taken against the petitioners in the aforesaid case.
With the aforesaid directions, the present petition stands disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 9.7.2019
Gaurav
