Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25840 of 2019 Petitioner :- Sharif Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
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 30.09.2019 registered as Case Crime No.216 of 2019, under Section 2/3 of U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986 P.S. Mandawali, District Bijnor.
The contention of learned counsel for the petitioner is that the impugned first information report though alleges that the petitioner is member of a gang which indulges in cow slaughter for making pecuniary and temporal gain but there is only a solitary case registered against the petitioner in which the petitioner has been granted bail upon finding that there had been no slaughter.
Be that as it may, as the impugned first information report discloses commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts of the case, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173 (2) CrPC, provided he co-operates in the investigation.
Order Date :- 18.12.2019. Rks.