Disposed

Mujahid @ Mujahid Husain and Another v. State of U.P. and 3 Others

Allahabad HC14 Oct 2020CRLP/10383/2020

Case brief

AI extract

What is this about?

In a criminal writ petition, the High Court refused to quash an FIR under the U.P. Gangster Act but granted a direction preventing the arrest of petitioners until the submission of the police report under Section 173(2) Cr.P.C., subject to cooperation.

What did the court decide?

Direction not to arrest petitioners till police report under Section 173(2) Cr.P.C. is submitted.

Mujahid @ Mujahid Husain and Another Vs State of U.P. and… — Bail and Remand | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10383 of 2020

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Petitioner :- Mujahid @ Mujahid Husain And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Prakash Singh Kushwaha Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Vijay Prakash Singh, learned counsel for the petitioners and learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 15.9.2020, registered as Case Crime No.272/2020, under Section 2/3 of the U.P. Gangster Act, P.S. Sahawar, Kasganj.

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Learned counsel for the petitioners submits that petitioners were granted bail by the court below on 3.7.2020 in the Cow Slaughter Act case, apart from above, there is no other previous criminal history, as alleged in supplementary affidavit dated 7.10.2020, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

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With this direction, this petition is finally disposed of.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner / s alongwith a self attested identity proof of the said person (s)

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(preferably Aadhar Card).

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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.

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Order Date :- 14.10.2020 Chandra

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.10.19 15:05:32 IST Date: 2020.10.19 15:07:17 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Mujahid @ Mujahid Husain and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mujahid @ Mujahid Husain and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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