Document Fragment View

Matching Fragments

1. By this petition, the petitioner has prayed for quashing the entire proceedings of CNR No. UPJB010048152019 (State Vs Shahnawaj alias Shanu & others) pending before the Sessions Judge/Fast Track Court-11, Amroha including Charge Sheet No. 01/2019 dated 11.09.2019 submitted by the Investigating Officer before the Sessions Judge/Fast Track Court-11, Amroha in Case Crime No.0193/2019 under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station Amroha City, District Jyotiba Phule Nagar, order of cognizance dated 27.09.2019 passed by the Additional District & Sessions Judge, Court No. 4, Amroha in CNR No. UPJB010048152019 (State Vs Shahnawaj alias Shanu & others) as well as Non- Bailable Warrants dated 28.08.2020, 21.10.2020 and 10.12.2020 issued by the Additional District & Sessions Judge, Court No. 4, Amroha against the applicant. Further prayer has also been made for quashing the approval order dated 19.03.2019 passed by the District Magistrate, Amroha upon the gang chart which has been recommended by the Superintendent of Police, Amroha on 19.03.2019 so far as it relates to the applicant.

2. Brief facts of the case are that an F.I.R. dated 13.08.2018 was lodged under Sections 3, 5 and 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 at Police Station Amroha City, District Jyotiba Phule Nagar which was registered as Case Crime No. 0492/2018. The prosecution version as contained in the First Information Report dated 13.08.2018 is being translated into English and quoted as under:-

"The police party in its regular check and patrolling reached Kakar Saral Mod where a tip was received that in Mohalla Moti Shah one Shahnawa) allas Shanu son of Shafeek and others are selling cow meat after slaughtering it, if they immediately reach, the accused can be nabbed. No one agreed to be a prosecution witness and therefore, the police party reached the house of Shahnawaj alias Shanu. It was a two-storied house. The tip informed that Shahnawaj alias Shanu was slaughtering the cow and selling its meat, thereafter the tip went away. Three persons were arrested; one of them disclosed his Identity as Shahnawaj alias Shanu from whom a knife was recovered. Another person named Naeem was also arrested from whom another knife recovered. Third person named Kafeel (applicant) was arrested from whom two Kilogram of cow meat was recovered from his right hand in a polythene bag. 60 kilogram cow meat was lying on floor. Shahnawaj and Naeem told that they have procured the cow meat with the help of another accused person Rafi Ahmad. Veterinary Doctor was contacted on phone, who arrived at the crime scene. The Veterinary Doctor prima facie expressed his opinion of cow meat on Inspection of the meat lying on floor. Two knives, two gandasa, and iron hook, one large needle and a wooden plank were recovered".

3. Learned counsel for the applicant submits that the co-accused Shahnawaj @ Shanu has a slaughter license under Food Safety and Standard Authority of India which is on record as Annexure No. 7 to the petition.

4. It is further submitted on behalf of the applicant that from perusal of the license, it is apparent that Shahnawaj @ Shanu is a valid license holder and is a licensed butcher having a shop in the name and style of Shahnawaj Buffalo Meat Shop. As per the prosecution case, knifes were recovered from the possession of Shahnawaj @ Shanu. It is also submitted that since he is licensee butcher, therefore, the recovery of knife shown from him is nothing but a police heroic. The investigating officer has investigated the case and the statements of the witnesses were recorded which are on record as annexure No. 8. He further submits that from perusal of the statements, it is evident that there is no independent witnesses to the incident. Charge sheet in the aforesaid crime No. 0492/2018 came to be filed on 11.10.2018 before the CJM, Amroha against the four named accused persons including the applicant, upon which the cognizance was taken on 12.10.2018 and the accused persons were summoned before the trial court.

6. Learned counsel for the applicant further submits that there is no material collected by the Investigating Officer to invoke the Gangsters Act. The gang chart has been prepared in cyclostyle manner which shows total non-application of mind. In the gang chart, only one case of cow slaughter has been shown. The applicant has no criminal history except the sole case i.e. case crime No. 492/2018, under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955. There is no input in the police report and no material at all to bring this offence under the definition of gang. No subjective satisfaction has been recorded by the District Magistrate, Amroha. Gang chart has been prepared and recommended by the various authorities in a very short time in a mechanical manner without there being any subjective satisfaction.