Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2704 of 2021 Petitioner :- Mohd. Sarjeel @ Sarjeel @ Mohd. Sarjeel Khan Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Mohammed Iftekhar,Mohammad Hisham Qadeer Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 03.12.2020 registered as Case Crime No.1233 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Soraon, District Prayagraj.
The allegation in the impugned first information report is in respect of forming a gang comprising several members including the petitioner indulging in anti social activities relating to cow slaughter. Two cases are cited against the petitioner.
The learned counsel for the petitioner submits that co-accused Nadeem has been granted protection by this Court.
We have perused the order of co-accused Nadeem which discloses that he has been granted protection on the ground that there is solitary case against him.
As against the petitioner there are two cases and the allegation is that he is part of a gang which indulges in activity relating to cow slaughter which is now one of the specified anti social activities under the Act. Hence, the prayer of the petitioner to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail.
Order Date :- 7.4.2021 AKShukla/-