Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37552 of 2018 Petitioner :- Sayeed @ Mohd Sahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Atul Kumar Srivastava for the petitioner and A.G.A. for the State.
The writ petition has been filed for quashing the F.I.R. dated 30.6.2018, registered as case Crime No.226 of 2018 under Sections 3(1) of U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, P.S., Asmoli, district Sambhal.
A perusal of the F.I.R. shows that on the basis of F.I.R. of Case Crime No.126 of 2018, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, the present F.I.R. has been registered.
The counsel for the petitioner submits that the arrest of the petitioner has been stayed in Case Crime No.126 of 20018 till submission of police report under Section 173(2) Cr.P.C. by order dated 13.4.2018 passed in Criminal Misc. Writ Petition No.9387 of 2018. Now in order to harass the petitioner the present F.I.R. has been falsely lodged.
In the fact of the case the writ petition is disposed of directing that the petitioner shall not be arrested in Crime No.226 of 2018 under Sections 3(1) of U.P. Gangster and Anti-social Activities (Prevention) act, 1986, P.S, Asmoli, district Sambhal, till submission of police report under section 173(2) Cr.P.C.
Order Date :- 20.12.2018 mt