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Yaseen Quraishi And Another vs State Of U.P. Through Principal ...

High Court Of Judicature at Allahabad|28 June, 2010

JUDGMENT / ORDER

Hon'ble Vedpal,J.
Heard learned counsel for the petitioners and the learned Additional Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 673 of 2010, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, police station Asiwan, District Unnao. We have gone through the FIR as well as gang-chart annexed along with the petition. In the gang-chart against the petitioners one case relating to case crime no. 292 of 2010, under Sections 3/5/8 U.P. Cow Slaughter Act has been shown.
It is argued by the learned counsel for the petitioners that the basis, which forms existence of lodging the FIR, is not sufficient to haul up the petitioners under the provisions of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is further argued that U.P. Cow Slaughter Act does not fall within the parameters of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, as such, it cannot form the basis of lodging the impugned FIR under the provisions of the aforesaid Act. The FIR discloses commission of cognizable offence, as such, the same cannot be quashed, but in the aforesaid facts and circumstances of the case, we hereby dispose of the writ petition finally with a direction that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them, provided they cooperate with the investigation, which shall go on. Order Date :- 28.6.2010 Chauhan/-
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Title

Yaseen Quraishi And Another vs State Of U.P. Through Principal ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
28 June, 2010