Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37276 of 2018 Petitioner :- Mohammad Arif @ Raju And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Virendra Kumar holding brief of Sri Ajay Kumar Srivastava for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 7.12.2018 registered as Case Crime No. 599 of 2018, under Section 2/3 of UP Gangster and Anti Social Activities Prevention Act, P.S. Kotwali, Distt. Budaun.
A perusal of the FIR shows that an allegation has been made that the petitioners were involved in cows slaughtering and selling beef. The FIR in this respect has been lodged which was registered as Case Crime No. 331 of 2018.
The counsel for the petitioner submits that in Case Crime No. 331 of 2018, petitioners were granted bail by this Court and bail orders have been filed along with this writ petition. When the petitioners were granted bail then the present FIR has been mala fide registered.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 7.12.2018 registered as Case Crime No. 599 of 2018, under Section 2/3 of UP Gangster and Anti Social Activities Prevention Act, P.S. Kotwali, Distt. Budaun, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 19.12.2018 Rahul /-