BABLOO YADAV @ CHARBAG versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Babloo Yadav @ Charbag v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 8718 of 2005 [2005] RD-AH 2518 (8 September 2005)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble S.S. Kulshreshtha, J.

Hon'ble K. N. Ojha, J.

Heard and also perused the materials on the record.

This petition has been brought for quashing the written report registered at Case Crime No. 121 of 2005, under sections 3(10 U.P. Gangsters and Anti social Activities (Prevention) Act, 1986, police station Kotwali, district Basti. It is said that only on the basis of past record the petitioner has been illegally involved in the offences indicated above. Reliance has been placed on Subhash Vs. State of U. P. and another, 1998 JIC 405 (All). Learned AGA referred the case of Shamsul Islam Vs. State of U.P. 99(1) Allahabad Criminal Report 398 wherein it was held that the FIR cannot be quashed on that ground. Further it is said that prima-facie case is made out against the petitioner and his arrest cannot be stayed.

Having regards to the facts and circumstances of the case the arrest of the petitioner for the offences indicated above shall remain stayed for a period of four weeks. In the mean time the petitioner shall surrender before the court below where his bail shall be dealt with in accordance with law.

The petition is disposed of accordingly.

Dt/- 8.9.2005.

Pcl (8718/05)

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