Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25839 of 2019 Petitioner :- Farukh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.11.2019 registered as Case Crime No.616 of 2019, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 P.S. Hasanpur, District Amroha.
The contention of learned counsel for the petitioners is that although it has been alleged in the first information report that the petitioners are members of a gang which indulges in cow slaughter and beef trade for making pecuniary and temporal gain but the aforesaid allegation is not substantiated, inasmuch as, there is only a solitary case against the petitioners in which the petitioners have already been granted bail. It has been submitted that in that case, the petitioners were not apprehended on spot and only 35 kgs of contraband beef was recovered.
Be that as it may, as correctness of the allegations is not to be tested in writ jurisdiction as it would depend upon the material collected during the course of investigation, the prayer of the petitioners to quash the first information report cannot be accepted particularly when cow slaughter is one of the specified anti-social activities.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co- operate in the investigation.
Order Date :- 18.12.2019. Rks.