VIVEK KUMAR BIRLA, ARUN KUMAR SINGH DESHWAL
Usman – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Meraj Ahmad Khan, learned counsel for the petitioners as well as Sri G.P. Singh, learned A.G.A. for the State respondents.
2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 14.9.2022 registered as Case Crime No. 442 of 2022, under Sections 147, 341, 352, 332, 504, 353, 384, 395 IPC and Section 21 (4) of Mines and Minerals Act and Section 3 Prevention of Damage to Public Property Act and Section 3 (1) of UP Gangster and Anti Social Activities (Prevention Act), 1986, PS Thakurdwara, District Moradabad, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
3. Learned counsel for the petitioners by referring to Rule 5 (3)(c), Rule 8 and Rule 10 of the Uttar Pradesh Gangster and Anti-Social Activities (Prevention) Rules, 2021 (hereinafter referred to as the 'Rules, 2021), submitted that gang-chart shall not be approved without completion of the investigation of the base case. In the present case, it is submitted that investigation in the base FIR is going on and during currency of investigation, provisions of Gangster Act have been imp
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