New Delhi, Nov 28 The Supreme Court on Thursday ordered that under no circumstances, Anurag Dubey, brother of gangster Anupam Dubey, will be taken into police custody either in the cases already registered against him or in a fresh case that may be registered against him, without prior permission of the apex court.
A bench of Justices Surya Kant and Ujjal Bhuyan took note of the submission that Anurag Dubey @ Dabban is still under the fear of registration of some new case so as to arrest him.
Additional Advocate General (AAG) Rana Mukherjee, representing the UP government, stated that though the petitioner was asked to join the investigation he had sent only an affidavit and did not appear in person before the Investigating Officer.
To ensure that the ongoing investigation is taken to its logical conclusion without compromising the liberty of the accused, the Supreme Court ordered Anurag Dubey @ Dabban to furnish his mobile number to the SHO and the said mobile number will remain for 24 hours.
“The Investigating Officer, in any of the FIRs, may inform the time, date and place to the petitioner to join the investigation. The petitioner shall abide by the notice that may be received on his Mobile Number from the Investigating Officer(s),” added the SC order.
Posting the matter for hearing on January 16 next year, the apex court directed that interim protection will continue in the meantime.
Earlier on August 13, the Allahabad High Court had turned down the prayer for quashing the FIR but directed that in case Anurag Dubey @ Dabban appears before the court below within 60 days and applies for bail or anticipatory bail, the same will be considered and decided.
“However, in case, the petitioner does not appear before the court below within the aforesaid period, coercive action shall be taken against him,” clarified a bench of Justices Siddharth and Brij Raj Singh of the Allahabad HC.
In his writ petition filed under Article 226, Anurag Dubey @ Dabban assailed the legality and validity of the FIR lodged under Sections-323,386,447,504,506 of IPC at Maudarwaja Police Station of Farrukhabad.
After perusal of the material on record and looking into the facts of the case, the Allahabad High Court had said that “it cannot be said that no offence is made out against the petitioner at this stage”, adding that all the contentions raised related to the disputed questions of fact, which cannot be adjudicated under Article 226 of the Constitution.
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