Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2355 of 2019 Petitioner :- Amaresh Yadav @ Pappu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishwa Nath Pandey,Saroj Kumar Dubey Counsel for Respondent :- G.A.,Santosh Kumar Dubey
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vishwa Nath Pandey, learned counsel for the petitioner and Sri Pawan Shukla, learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 29.4.2018, registered as case crime no.352 of 2018, u/s 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khorabar, district Gorakhpur.
On 29.1.2019, this Court passed the following orders:-
"Supplementary affidavit filed today is taken on record.
Heard Sri V.N. Pandey, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the impugned FIR dated 29.4.2018, registered as case crime no.352 of 2018, u/s 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Khorabar, district Gorakhpur.
Learned counsel for the petitioner submits that earlier an FIR was lodged against the petitioner on 7.12.2017 which was registered as case crime no.1026 of 2017 u/s 3(1) of Gangsters Act on the basis of four cases i.e. Case Crime No.570 of 2017, Case Crime No.304 of 2017, Case Crime No.673 of 2017 and Case Crime No.415 of 2017, u/s 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act. The petitioner has got himself bailed out in the aforesaid cases by the competent court. He has also been bailed out by this Court under the Gangsters Act in Criminal Misc. Bail Application No.5834 of 2018 on 21.5.2018. Thereafter impugned FIR has been lodged against the petitioner on the basis of one case which is Case Crime No.415 of 2017 u/s 3/5A/8 Cow Slaughter Act and 11 Animal Cruelty Act and Section 307/413 IPC for which the earlier FIR was also lodged u/s 3(1) of U.P. Gangsters Act.
Learned AGA pointed out that the present FIR is prior to order granting bail to the petitioner in Case Crime No.415 of 2017 but could not dispute the aforesaid fact argued by learned counsel for the petitioner.
The District Magistrate and S.S.P., Gorakhpur shall file their personal affidavit in the matter explaining the fact that under what circumstances the impugned FIR has been registered against the petitioner under the Gangsters Act on the basis of single case for which there is already an FIR has been registered against him on 7.12.2017 as it appears from the gang chart annexed on page 21-24 of the present petition and the petitioner has got himself bailed out by the competent court.
List the matter on 11.2.2019.
Till then, no coercive action shall be taken against the petitioner in the aforesaid case as well as investigation of the case shall also remain stayed.
Copy of this order be given to learned AGA for it's compliance."
An affidavit of compliance has been filed by the learned AGA on behalf of District Magistrate, Gorakhpur and S.S.P. Gorakhpur which is taken on record.
In the affidavit of compliance filed by learned AGA on behalf of District Magistrate, Gorakhpur, in paragraph 11 of affidavit, it has been stated that due to inadvertence and lack of knowledge of the previous FIR, the same has been done. In the affidavit of compliance, it has been stated that they have not denied that the Case Crime No.415 of 2017, under Section 3/5/8 Cow Slaughter Act and 11 of Animal Cruelty Act in which an FIR was registered against the petitioner on the basis of which earlier an FIR was lodged under the Gangster Act against him in which three other cases were also shown against him. In both the cases, the petitioner has already got himself bailed out and petitioner is facing a prosecution and the present FIR for the very same offence which was registered against him earlier i.e Case Crime No.415 of 2017, under Section 3/5/8 Cow Slaughter Act and 11 of Animal Cruelty Act is misusing the process of law by the authorities concerned. The impugned FIR which has been lodged by respondent no.3 on the basis of one single case of 415 of 2017, under Section 3/5/8 Cow Slaughter Act and 11 of Animal Cruelty Act, the offence which was also covered in the earlier FIR lodged against the petitioner under the Gangster Act is thus, not sustainable in the eyes of law, hence the same may be quashed.
The District Magistrate, Gorakhpur and S.S.P. Gorakhpur had also admitted the said fact that the present FIR is the second FIR lodged against the petitioner under the Gangster Act and this case was also covered in the earlier FIR.
Hence, in view of the above, the impugned FIR is hereby, quashed. With the aforesaid the petition stands allowed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.).
Order Date :- 26.2.2019/Neeraj