Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34413 of 2018 Petitioner :- Faraeem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Kuldeep Kumar, learned counsel for the petitioner and the learned A.G.A.
Learned counsel for the petitioner has challenged the F.I.R on the ground that prosecution of an offence under Section 2/3 of U.P. Gangster Act, 1986 is not permissible as the Cow Slaughter Act is not a scheduled offence under U.P. Gangsters & Anti Social Activities Act, 1986.
Learned A.G.A submits that Cow Slaughter Act 1955 stands inserted in the U.P. Gangsters Act, 1986 by Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) (Amendment) Act, 2015 (U.P. Act No.14 of 2016), Section 2 (w.e.f. January, 20,2015), thus the said offence is a scheduled offence, which learned counsel for the petitioner is unable to refute.
No other plea is urged.
The writ petition is dismissed.
Order Date :- 29.11.2018 RS