Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State respondent.
(2.) THE present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 28.5.2011, filed in Special Case No. 46/2011 in case crime No. 297/2010, under Sections 147, 148, 149, 364, 341, 504, 506, 171E IPC, Section 7 Criminal Law Amendment Act and 2/3 of U.P. Gangsters and Anti -Social Activities (Prevention) Act, 1986, PS Chhatari, Bulandshahar, pending before the Special Judge (Gangsters Act), Bulandshahar. Learned counsel for the applicant has drawn the attention of the court to the order dated 5.5.2011 passed in Criminal Misc. Bail Application No. 7571 of 2011 filed by Bhagwan Sharma, copy of which has been filed as annexure -5 to the accompanying affidavit in which another Bench of this court had observed that with regard to invoking the provisions of the Gangsters Act, only the present offence has been mentioned and the present offence having been found to be prima facie not established, the applicability of the Gangsters Act cannot be substantiated in law, although it is well settled that single offence can invoke the applicability of the Gangsters Act but in the present case the said offence having been found to be prima facie not established, the applicability of the Gangsters Act would be unwarranted. It is further contended that in spite of above observation made by this court, which order was filed before the Special Judge (Gangster Act) Bulandshahar, charge sheet has been filed under the Gangsters Act and cognizance has been taken, which is bad in law. It is contended by the learned counsel for the applicant that in the matter of co -accused Vinod Rao, this Court has granted interim order on 20.9.2011, in 482 Application No. 29647 of 2011, copy of which has been filed as Annexure -10 to the affidavit accompanying the present application. Issue notice to opposite party No. 2 returnable within four weeks. Steps be taken within a week. Learned A.G.A. prays for and is granted four weeks' time for filing counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. As prayed by learned counsel for the applicant, two weeks' time thereafter, is granted for filing rejoinder affidavit.
(3.) LIST after expiry of aforesaid period before appropriate Court along with the records of 482 Application No. 29647 of 2011. Till the next date of listing, further proceedings of Special Case No. 46 of 2011 (Crime No. 297 of 2010) under sections 147, 148, 149, 364, 341, 504, 506, 171E I.P.C. section 7 Criminal Law Amendment Act and section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 P.S. Chhatari District Bulandshahar, pending in the court of Special Judge (Gangster Act) Bulandshahar. no coercive action shall be taken against the applicant pursuant to the aforesaid case shall be kept in abeyance.;