The Allahabad High Court has stayed the arrest of a law student in a criminal case registered under the UP Gangster Act and has sought a reply from the state government within six weeks.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Deepak Dhangar.
The petition has been preferred for quashing the FIR dated 16.04.2023 being Case under Sections 2/3 U.P Gangster Act, PS Kasganj, District Kasganj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
The counsel for the petitioner fairly contended that the petitioner was a student of LL.B.
He is not a member or leader or organiser of a group which indulges in the kind of activities set out under the various sub-clauses of clause (b) of Section 2, by use of violence or threat or show of violence or intimidation etc Ref: Ashok Kumar Dixit vs State of U.P 1987 (34) ACC 164.
It is further contended that in the both the cases, on the basis of which proceedings under Gangster Act has been imposed upon the petitioner, petitioner has already been released on bail by the Courts below.
The Court has granted six weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit. List immediately thereafter before the appropriate Bench.
“Till the next date of listing, arrest of the petitioner in Case under Sections 2/3 U.P Gangster Act, P.S Kasganj, District Kasganj shall remain stayed, provided he cooperates in the investigation”, the Court ordered.