The Allahabad High Court has stayed the arrest of Komalkant Singhal under the FIR registered at Kotwali Lalitpur under the Gangster Act over the case of raping a minor and sought a reply from the state government in four weeks.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Umesh Chandra Sharma passed this order while hearing a petition filed by Komalkant Singhal.
The relief sought in this petition is for quashing of the FIR dated 28.05.2022 registered as Case under Section 2/3 (1) of UP Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Lalitpur, District Lalitpur. Further prayer has been made not to arrest the petitioner in the aforesaid case.
The counsel for the petitioner submitted that the petitioner has been falsely implicated in the case only on the basis of solitary case mentioned in the gang chart, though no offence under Section 2/3 (1) of UP Gangster Act and Anti Social Activities (Prevention) Act, 1986 is made out against him.
He further submitted that the petitioner has a good reputation in the society. Neither is he a member of any gang nor runs any gang involved in any activity of disturbing public order.
He also submitted that so far as the solitary case, which was mentioned in the gang chart, i.e, Case under Sections 376-D, 326, 120-B and Section 5/6 POCSO Act, Police Station Kotwali Lalitpur, District Lalitpur, is concerned, the petitioner has challenged the same before the Court in Criminal Misc Writ Petition, wherein the interim protection has already been accorded by the Court order dated 24.12.2021.
The counsel for the petitioner said even though the chargesheet has been forwarded in the said case, till date cognizance of the same has not been taken. So far as the factual aspect of the matter is concerned, the same is not disputed by AGA.
The Court observed that the matter requires consideration.
“Additional Government Advocate has accepted notice on behalf of all the respondents. He prays for and is accorded four weeks time to file response in the matter. The petitioner will have two weeks thereafter to file a rejoinder affidavit. List immediately thereafter.
Till the next date of listing, the respondents are restrained to arrest the petitioner pursuant to the impugned FIR subject to cooperation in the on-going investigation,” the order reads.