Allahabad High Court
Manoj Katiyar vs State Of U.P. And 3 Others on 20 February, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:25337-DB
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 36 of 2025
Petitioner :- Manoj Katiyar
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Abhay Raj Singh
Counsel for Respondent :- G.A.
Hon'ble Siddharth,J.
Hon'ble Praveen Kumar Giri,J.
1. Heard learned counsel for the petitioner and learned A.G.A for the State.
2. The writ petition seeks quashing of the F.I.R. dated 27.11.2024 giving rise to the Case Crime No. 876 of 2024, under Section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Izzatnagar, District- Bareilly.
3. On 16.01.2025 following interim order was passed by this Court:-
"1. Heard learned counsel for the petitioner and learned AGA for State-respondents.
2. Learned counsel for the petitioner states that against one incident two First Information Report have been lodged and even though in the gang chart a solitary case is shown. In the base case, he has already been enlarged on bail by the learned Single Judge of this Court in a Criminal Misc. Bail Application No.31367 of 2024 vide order dated 03.09.2024. Learned counsel for the petitioner further states that the other co-accused persons has preferred a Criminal Misc. Writ Petition No.22680 of 2024, (Rajan Rana and another versus State of U.P. & 3 others), the Division Bench vide order dated 11.12.2024 has already accorded interim relief. The similar view has also been taken by another co-ordinate Bench while according interim relief in Criminal Misc. Writ Petition No.23547 of 2024, (Hariom Singh and another versus State of U.P. and 3 others).
3. Learned counsel for the petitioner preciously submits, the petitioner is on a similar footing and similar indulgence may also be extended in favour of the petitioner.
4. Matter requires consideration.
5. All the respondents may file counter affidavit within four weeks. Petitioners shall have one week, thereafter, to file rejoinder affidavit.
6. List and connect along-with Criminal Misc. Writ Petition Nos .22680 of 2024 and 23547 of 2024.
7. Subject to petitioner cooperation in the investigation, no coercive action shall be taken against him, pursuant to the impugned FIR dated 27.11.2024, registered in Case Crime No. 876 of 2024, under Section 2/3(1) of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station - Izzatnagar, District - Bareilly, till the next date of listing or till submission of report under Section 173(2) Cr.P.C./193(3) BNSS 2023, whichever is earlier."
4. Till date, no counter affidavit has been filed by learned counsel for respondent no.4 and learned AGA.
5. Learned A.G.A informs that police is investigating the case.
6. In view of the above, for the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated27.11.2024 giving rise to the Case Crime No. 876 of 2024, under Section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Izzatnagar, District- Bareilly, subject to cooperation in ongoing investigation.
Order Date :- 20.2.2025
Mini
(Praveen Kumar Giri, J.) (Siddharth, J.)
