This petition under Article 226 of the Constitution has been filed for quashing the F. I. R. dated 10-5-1998 lodged under Section 2 (b) (i) and Section 3, U. P. Gangsters &, Anti Social Ac tivities (Prevention) Act, 1986 (hereinafter referred to as the Act) against the petitioner which has been registered as Case Crime No. 53 of 1998 of PS. Gangeeri, district Aligarh.

2. We have perused the F. I. R. and the allegations made therein clearly make out a case under the Act against the petitioner. In these circumstances, it is not possible 10 quash the F. I. R. in exercise of jurisdiction under Article 226 of the Constitution.

3. Sri V. P. Srivastava, learned Counsel for the petitioner has urged that in view of the law Laid down by a Division Bench in Subhash v. Slate of V. P, 1998 JIC 405, the F. I. R. deserves to be quashed. We have carefully examined the aforesaid decision and in our opinion, no such principle has been Laid down therein on the basis of which the F. I. R. of the present case may be quashed.

4. Learned Counsel has next sub mitted that even if the F. I. R. is not quashed, the arrest of the petitioner may be stayed till the conclusion of the inves tigation. In support of

Click Here to Read the rest of this document