Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5445 of 2019 Petitioner :- Aarif @ Muskan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Babu Vaish Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 27.10.2018 registered as Case Crime No.491 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Gulaothi, District Bulandshahr.
The allegation in the first information report is that the petitioner along with three others constitute a gang which indulges in cow slaughter and trade of beef. It is alleged that there are two cases registered against the petitioner. One is of an offence punishable under the Cow Slaughter Act and the other is a non cognizable report.
The contention of the learned counsel for the petitioner is that the petitioner is a juvenile and has been declared juvenile.
Be that as it may, as cow slaughter has been specified as one of the anti social activities, the prayer of the petitioner to quash the first information report, particularly, when the matter is under investigation, cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 AKShukla/-