Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5353 of 2019 Petitioner :- Mursalin @ Abdulla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Akbar Shah Alam Khan Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Mr. Varun Kumar Vishwakarma, holding brief of Mr.
M.A.S.A. Khan, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.1.2019 registered as Case Crime No.22 of 2019 under section 2/3 U.P. Gangster Act & Prevention of Anti-Social Activities Act, 1986, P.S. Meerapur, District Muzaffar Nagar.
It is submitted by learned counsel for the petitioner that the respondents had malafidely and mischievously invoked the provisions of the Gangsters Act by filing of FIR on 26.1.2019 on a solitary case under the Cow Slaughter Act, in which the petitioner has already been enlarged on bail on 23.7.2018, same is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 28.2.2019 N.S.Rathour