Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4970 of 2019 Petitioner :- Chand And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd Faiz Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Mohd Faiz, learned counsel for the petitioner; learned A.G.A. for State-respondent nos.1, 2 and 3; and perused the record.
This writ petition has been filed for quashing the F.I.R. dated 1.1.2019 (registered as Case Crime No. 1 of 2019), under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Collector Bookganj, District Bareilly.
A perusal of the F.I.R. shows that the impugned F.I.R. has been lodged on the basis of prior implication in Case Crime No. 26 of 2018, under Section 3/5Ka/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Sibiganj, District Bareilly.
Learned counsel for the petitioner submits that the petitioners were granted bail in Case Crime No. 26 of 2018. The F.I.R. has been lodged malafide levelling false allegations; and co- accused Chhutka has been granted protection till submission of police report under Section 173 (2) Cr.P.C., vide order dated 13.02.2019 passed in Criminal Misc. Writ Petition No.4000 of 2019.
Considering the submissions advanced, it is directed that the investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173 (2) Cr.P.C. however, they shall co-operate with the investigation of the case.
The petition is finally disposed off. Order Date :- 26.2.2019 Ajeet