Allahabad High Court
Anees Ahmad And 2 Others vs State Of U.P. And 3 Others on 25 June, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 6167 of 2020 Petitioner :- Anees Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Kumar Rao Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri P.K. Rao, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 1.5.2020 registered as Case Crime No. 137 of 2020, under sections 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Rampur Karkhana, District Deoria and not to arrest the petitioner in pursuance of the aforesaid case.
Learned counsel for the petitioners submits that in Case Crime No. 90 of 2020 which was under section 3/5A/8 Cow Slaughter Act and 11 Prevention of Animal Cruelty Act. He submits that only on the basis of said case, the impugned F.I.R. under the Gangster Act has been lodged against the petitioners. The offence under the Cow Slaughter Act is punishable upto 07 years, hence they were granted interim bail in the said case in pursuance of the Apex Court order passed in Public Interest Litigation No.1 of 2020. He further submits that the petitioners are neither member of any gang nor run any gang involved in anti-social activities. The allegations levelled against the petitioners are absolutely false, frivolous and baseless just for harassment, hence the impugned F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR which discloses cognizable offence.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners,namely, Anees Ahmad, Dilshad and Sajid, shall not be arrested in the above mentioned case, for a period of two months or till the submission of the police report under section 173(2) Cr.P.C., whichever is earlier, if any, before the competent Court, but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 25.6.2020 Shiraz