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2015 DIGILAW 859 (ALL)

Jitendra Kumar @ Lallu v. State of U. P Thru Secy. , Home Deptt. , Lucknow

2015-04-17

VISHNU CHANDRA GUPTA

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JUDGMENT Vishnu Chandra Gupta, J. Heard learned counsel for the petitioner and the learned A.G.A. for the State. 2. By means of this petition, under Section 482 of Cr.P.C., petitioner Jitendra Kumar @ Lallu has prayed for quashing the Charge-sheet No.118 of 2011 dated 25.11.2011 arsing out of Case Crime No.625 of 2011, under Section 3/1 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bhighapur, District Unnao and the proceedings of Criminal Case No.98 of 2012 (State Vs. Umesh Kumar and others) pending in the court of learned Special Judge (Gangster Act), Unnao. 3. It has been contended by learned counsel for the petitioner that the petitioner has not been arrested. Neither he has surrendered before the court below nor got him bailed out. 4. From the perusal of material on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit. 5. However, if the petitioner surrenders before the court below within two weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law. 6. For two weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner. With this observation, the petition is finally disposed of.