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Allahabad HC stays arrest of BSP MLA Mukhtar Ansari's sons

Last Updated 22 October 2020, 00:36 IST

Providing major relief to two sons of jailed gangster and BSP MLA Mukhtar Ansari, the Lucknow bench of Allahabad High Court on Wednesday stayed their arrest in the Dalibagh land case.

The high court, however, directed the duo -- Abbas and Umar – to co-operate in the investigation.

A division bench of Justice DK Upadhyay and Justice Saroj Yadav termed the argument of Advocate General Raghvendra Singh as fallacious and said the petitioners were able to make out a case for interim relief.

Challenging the FIR lodged at Hazartganj police station on August 27, the Ansaris had engaged a battery of top lawyers including senior advocates JN Mathur, HGS Parihar and Arun Sinha, who argued that the FIR did not disclose commission of cognizable offence as the two brothers were not even born when the alleged offences were said to have been committed.

"The FIR has been lodged due to mala-fide reasons," stressed Mathur.

Opposing the plea, the Advocate General argued that the petition was not maintainable.

The FIR was lodged against Ansari, a gangster-turned-politician, and his two sons claiming that the petitioners had committed cheating and forgery with regard to land in the posh Dalibagh area and got a map sanctioned by the Lucknow Development Authority (LDA) in a fraudulent manner for the purpose of raising construction on it.

In August, the authorities here had demolished two illegal buildings owned by Ansari in Dalibagh area. The map of the property was not passed by the LDA, according to officials.

In the FIR, the accused were charged with sections 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record) and 120 B (criminal conspiracy) of the Indian Penal Code (IPC) and relevant sections of the Prevention from Damage to Public Property Act.

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(Published 22 October 2020, 00:36 IST)

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