Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5599 of 2019 Petitioner :- Rahmatullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd Gulam Husain Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mohd. Gulam Husain, learned counsel for the petitioner and learned AGA for the State of U.P.
The writ petition has been filed for quashing the FIR dated 13.6.2018 registered as Case Crime No. 202 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Baansgaon, District-Gorakhpur.
A perusal of FIR shows that the present FIR has been registered on the basis of Case Crime No. 237 of 2017 under Sections 307, 353 IPC and Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act.
The learned counsel for the petitioner submits that petitioner was not named in the FIR of Case Crime No. 237 of 2017. It is alleged that the vehicle of the petitioner was used for transporting the cows in that incident. Only on that basis the petitioner has been named in the present FIR.
In the facts of the case, this writ petition is disposed of with a direction that petitioner shall not be arrested in Case Crime No. 202 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Baansgaon, District-Gorakhpur till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 Ashutosh Pandey