- (1.) HEARD learned counsel for petitioners, learned Additional Government Advocate and perused the record of petition.
(2.) THE present writ petition has been preferred under Article 226 of the Constitution of India with the prayers that a writ, order or direction in the nature of Certiorari be issued quashing the First Information Report registered at case Crime No.6 of 2014, under Section 2/3 (1) of U.P. Gangster and Anti -social Activities (Prevention) Act, at Police Station G.R.P. Pratapgarh, District Pratapgarh. They have also prayed that a writ of Mandamus be also issued against opposite parties not to arrest the petitioners in the aforesaid case crime number.
(3.) THE facts giving rise to the petition are that opposite party no.4 has lodged an F.I.R. on 01.03.2014, which has been registered as case Crime No.6 of 2014 under Section 2/3 (1) of U.P. Gangster and Anti -social Activities (Prevention) Act, at Police Station G.R.P. Pratapgarh, District Pratapgarh. The report has been lodged by opposite party no.4 against petitioner no.2 and other accused persons on the ground that they are operating a gang and accused Farooq Ahmad is a gang leader and four persons including petitioners no. 2 and 3 are the members of the said gang ; that in support of the First Information Report, a gang chart has also been prepared by the police, which is annexed as Annexure -2 ; petitioners are the family members ; that petitioner no.1 is the driver of Chief Revenue Officer and petitioner no.2 is the driver of the District Magistrate, Pratapgarh. One Sharif Khan son of Yakoob Khan has also lodged a first information report against some unknown persons on 6.4.2013 at Case Crime No.10 of 2013 under Section 302 I.P.C., at Police Station GRP Pratapgarh, District Pratapgarh; the complainant was interrogated by the Investigating Officer immediately after lodging of the F.I.R. but he has not disclosed the name of any person as an accused; that too in utter surprise that after about eight days only statement of Ishhaq Ahmad was recorded by the Investigating Officer and on the basis of this statement the Investigating Officer involved the petitioners in the present case and the petitioners moved bail applications before Hon'ble High Court and the Hon'ble High Court granted bail to the petitioners. The copies of bail orders are annexed as Annexures No.3 to this writ petition.;