Jameel & Others vs State Of U.P. & Others
2011 Latest Caselaw 4224 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15876 of 2011
 

 
Petitioner :- Jameel & Others
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Nasiruzzaman
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Amar Saran,J.

Hon'ble Shyam Shankar Tiwari,J.

Heard learned counsel for the petitioners and learned AGA for the State.

It is argued by the learned counsel for the petitioners that on the same crime no. 687 of 2010, earlier a Cr. Misc. Writ Petition No. 2809 of 2011 was filed in which the arrest of the petitioners was stayed under section 3/5-A/8 of the Prevention of  the Cow Slaughter Act and section 295-A IPC, P.S. Garhmukteshwar, District Ghaziabad on the ground that as per Forensic report the sample of meat was not of cow or its progeny. In a  malafide manner  with respect to the  same First Information Report,  crime no.  686 of 2010 First 2/3 Gangster Act was added and thereafter as  a result of the High Court staying the petitioners arrest in case crime no. 686 of 2010 the present FIR as case crime no. 687 of 2010 under the Gangster  Act has been lodged.   It is submitted that in the definition of "Gang" the Anti Social Activities mentioned in section 2 (b)  exclude  offences under  the Cow Slaughter  Act.

Connect with the Cr. Misc. Writ Petition No. 2809 of 2011.

Notices have been accepted by learned AGA on behalf of all respondents.

Learned AGA prays for and is allowed four weeks time to file counter affidavit.

Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter before appropriate bench.

Till the next date of listing or till submission of charge sheet whichever is earlier, arrest of the petitioners shall remain stayed in case crime no. 687 of 2010, under section 2/3 of U.P. Gangster Act, P.S. Garhmukteshwar, district Ghaziabad provided the petitioners cooperate with the investigation.

Order Date :- 30.8.2011

Gss