PRAYAGRAJ: The Allahabad high court has stayed the arrest of Anwar Shahzad and Sarjil Raza, brothers-in-law of mafia-turned politician Mukhtar Ansari if they cooperate in the investigation of a land grabbing case of Ghazipur.
Hearing a writ petition filed by Shahzad and Raza, a division bench comprising Justice Manoj Misra and Justice SK Pachori observed, “Considering the fact that in the two cases cited against the petitioners, they were not named in the first information report and their name has been added through supplementary charge-sheet. Besides, the petitioners have been granted bail in those two cases. Hence, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173 (2) Criminal Procedure Code (CrPC), provided they co-operate in the investigation.”
In their petition, the petitioners’ contention was that in 2019 their names were falsely implicated in two land grabbing cases, after which on September 11, 2020, an FIR was registered against them under Section 2/3(1) of UP Gangsters and Anti-social Activities (Prevention) Act, 1986, at Kotwali police station of Ghazipur in which it was alleged that the petitioners have a gang comprising the petitioners and one Aafsa Ansari who are involved in land grabbing and had been involved in acquiring movable and immovable property through benami transactions.
However, the court after hearing concerned parties declined to quash the FIR against the petitioners and observed, “The allegations are in respect of constituting a gang for grabbing land and acquiring movable and immovable property through benami transactions, the matter would require investigation and therefore the prayer of the petitioners to quash the first information report cannot be accepted.”
The court did not stay the investigation of the case but granted relief of stay from arrest till submission of police report. The order was passed on November 3.