- (1.) Heard learned counsel for the petitioner and the learned AGA.
(2.) The petitioner is an accused in a case under the Gambling Act and has also been booked under the Uttar Pradesh Gangsters and Anti -Social Activities (Prevention) Act, 1986. He prays for quashing of the impugned FIR for the offence under the Gangster Act.
(3.) Learned counsel for the petitioner submits that a co -accused in the very case had approached this Court and filed Crl. Misc. Writ Petition No. 19398 of 2015 where an interim protection has been granted by a division Bench on 11.8.2015. A copy of the said order in a pending petition is annexed as annexure 3 to the petition and is extracted hereunder: "Heard learned counsel for the petitioner and learned A.G.A. for the State. This petition has been filed by the petitioner with a prayer to quash the F.I.R. in case crime no. 263 of 2015 under section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Nawabganj, district Kanpur Nagar. Learned counsel for the petitioner has submitted that the petitioner has been booked under section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, on account of his involvement in only one case namely Case Crime No. 115 of 2015, under section 3/4 of the Public Gambling Act, P.S. Nawabganj, District Kanpur Nagar, and there being no allegation in the FIR relating to any act or omission on the part of the petitioner covered by the definition of gang or gangster as has been defined in the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, the same is liable to be quashed. In support of his contention he has placed reliance on a Division Bench decision of this court reported in 2010(71) ACC 864, Vijay Kumar Pathak v. State of U.P.. The submissions made by learned counsel for the petitioners, prima facie, appears to have some substance. The matter requires consideration after receiving response. Learned A.G.A has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed four weeks' time to file counter affidavit. Issue notice to opposite party no. 3, who may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter. List this matter immediately after expiry of six weeks before the appropriate Court. Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 2015 registered as Case Crime no. 263 of 2015 under section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Nawabganj, district Kanpur Nagar." ;