Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9718 of 2019 Petitioner :- Rizawan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 02.02.2019 registered as Case Crime No.69 of 2019, under Section 2/3 of Gangsters and Anti Social Activities (Prevention) Act, P.S. New Mandi, District Muzaffar Nagar.
The allegation in the impugned first information report is that the petitioner along with others constitute a gang which indulges in cow slaughter and allied anti social activities for the purpose of making pecuniary and temporal gains. Against the gang members as many as four cases are shown and as against the petitioner there are two cases.
The learned counsel for the petitioner has sought to contend that in one case the petitioner has been granted bail and in the other case there was a protection order.
We have perused the record. The record reveals that protection order was till submission of police report under Section 173(2) Cr.P.C. The gang chart which has been brought on record through supplementary affidavit suggests that charge sheet has been submitted.
Under the circumstances, the appropriate course for the petitioner is to surrender and apply for bail. The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 26.4.2019 AKShukla/-