Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19823 of 2019 Petitioner :- Mohd. Ubais Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Irshad Ahmad, 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 14.4.2019, registered as case crime No.0138 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Deedauli District Jyotibaphulle Nagar/Amroha.
Learned counsel for the petitioner submits that only on the basis of one criminal case, i.e., Case Crime No. 301 of 2018, under Sections 3/5/8 Cow Slaughter Act and 11 of Animal Cruelty Act P.S. Deedauli, District Amroha, 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. He further submits that the impugned F.I.R. has been challenged by co-accused persons before this Court in Crl. Misc. Writ Petition No. 11420 of 2019 in which interim protection was granted to them vide order dated 30.4.2019 copy of which has been annexed at page-16 of the present petition, hence the petitioner is also entitled for the same relief. 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 :- 25.7.2019 Deepika