Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5463 of 2019 Petitioner :- Lallan Quraishi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 30th November, 2018 registered as Case Crime No.201 of 2018, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at Police Station Khutahan, District Jaunpur.
The allegation in the impugned First Information Report is that the petitioner is member of a gang which indulges in various offences including offence punishable under Cow Slaughter Act.
The contention of learned counsel for the petitioner is that the petitioner is involved in only one case which relates to Cow Slaughter Act and in so far as other cases that are pending against other members of the alleged gang are concerned, the petitioner is not accused in those cases and therefore implication of the petitioner by disclosing him to be member of gang is not justified.
Be that as it may, it is not required that each member of the gang must participate in each and every offence that is committed by members of the gang, therefore on the above ground the prayer of the petitioner to quash the First Information Report is not acceptable.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that investigation of the above case may continue and be brought to its logical conclusion but subject to the petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) CrPC.
Order Date :- 28.2.2019. Rks.