Santosh @ Pappu v. State of U.P. and 3 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 16311 of 2023 Petitioner :- Santosh @ Pappu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rang Nath Pandey,Rahul Pandey Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

¶1Heard Sri Rang Nath Pandey, learned counsel for the petitioner and learned A.G.A. Perused the record.

¶2By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of FIR dated

27.09.2023 registered as Case Crime No. 0352 of 2023, under Sections 2(b)(ii)/3 of U.P. Gangster Act 1986, Police Station Araon, District Firozabad.

¶3Against the petitioner, respondent no. 4 who is Prabhari Nirikshak (Incharge Inspector) of P.S. Araon, District Firozabad has lodged the F.I.R. in Case Crime No. 0352 of 2023, under Sections 2(b)(ii)/3 of U.P. Gangster Act 1986, Police Station Araon, District Firozabad.

¶4Submission made by learned counsel for the petitioner is that in connection with case crime no. 0087 of 2023, P.S. Araon, District Firozabad, under Sections 420, 467, 468, 471 IPC, the petitioner Santosh @ Pappu is already in jail since 30.08.2023 and he apprehend that his property to be attached in directing violation of section 14 of the aforesaid Act of 1986.

¶5Be it so, the petitioner is directed to move a suitable application before the Superintendent of Police, Firozabad narrating all the factual aspects on the issue and with regard to his alleged apprehension regarding his attachment of property, if such an application is moved the Superintendent of Police Firozabad would apply his judicial mind and decide the same by a reasoned order within a period of 10 days from its institution.

¶6With this observation the writ petition is disposed of. Order Date :- 16.10.2023 Vikram High Court of Judicature at Allahabad