Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 20035 of 2019 Petitioner :- Mahir Husain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Syed Faiz Hasnain, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 28.6.2019, registered as case crime No.120 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Kundarki, District Moradabad.
Learned counsel for the petitioner submits that only on the basis of one criminal case, i.e., Case Crime No. 49 of 2019, under Sections 3/5/8 Cow Slaughter Act and 11 Prevention of Cruelty to Animal Act, P.S. Kundarki, District Moradabad, in which petitioner has already got himself bailed out, the impugned FIR under the Gangster Act has been lodged against the petitioner, the impugned FIR under the Gangster Act has been lodged against the petitioner. He further submits that the petitioner is neither a member of any gang nor he runs any gang involved in anti-social activities. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence the FIR is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
It is made clear that if there appears to be any other case found against the petitioner except the case mentioned in the Gang Chart earlier to lodging of the present FIR, the present order granting interim protection to the petitioner shall automatically stands discharged.
With the above direction, this petition is finally disposed of.
Let a copy of this order be produced before the SSP concerned by the petitioner within 10 days from today.
(Raj Beer Singh,J. ) (Ramesh Sinha, J.) Order Date :- 30.7.2019/Deepika