Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Under challenge in this writ petition is FIR relating to crime no. 1175 of 2009 under Section 2/3 U.P.Gangsters and Anti Social (Activities) Prevention Act, 1986 of Police Station Mohammadi, district Lakhimpur Kheri.
We have gone through the contents of the FIR as well as the gang chart wherein two cases have been shown against the petitioner; the first being Case Crime No. 1068 of 2009 under section 5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955; and the second being Case Crime No. 51 of 2000 under section 3/5 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 read with sub-section (2) of the Cruelty to Animals Act of P.S. Mohammadi, district Kheri.
Argument advanced by the learned counsel for the petitioner is that the two cases shown in the gang chart would not enable the police authorities to make said cases the basis for lodging the present FIR against the petitioner under the provisions of the U.P. Gangsters and Anti Social Activities (Prevention) Act since the allegations made in the FIR., none of the fifteen ingredients as enumerated in the definition mentioned in Section 2-B of the Act, fall within said parameters.
We find substance in what has been argued by the learned counsel for the petitioner.
Issue notice to opposite party No. 3 returnable at an early date.
The opposite parties may file counter affidavit within six weeks. Two weeks thereafter are allowed to the petitioner to file rejoinder affidavit, if any.
List after expiry of said period.
Till the next date of listing, or till filing of report under Section 169/173 CrPC.,whichever is earlier, the petitioner shall not be arrested in the above mentioned case crime number. Investigation shall go on and the petitioner shall cooperate with the same.
Order Date :- 19.1.2010 anb