Noor Alam @ Guddu and 2 Others Vs State of U P and 2 Others

Court No. - 50

Case :- CRIMINAL MISC. WRIT PETITION No. - 5981 of 2020

Petitioner :- Noor Alam @ Guddu And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.

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Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

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This petition under Article 226 of Constitution of India has been filed by petitioners Noor Alam @ Guddu, Akram and Mohd. Maqshod, with a prayer for quashing of FIR dated 15.5.2020, registered as Case Crime Number 0073 of 2020, under Sections 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Nizamabad, District Azamgarh.

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Learned counsel for the petitioners argued that it is a false accusation on the basis of single case of Cow Slaughter Act, shown in gang chart whereas, petitioners Akram and Mohd. Maqshod, have been enlarged on bail in above case by trial Court concerned and petitioner Noor Alam @ Guddu, is on short term bail. No anti-social activities for implementation of Gangster Act, is there. It has been registered with a view to harass petitioners. Hence, this petition with above prayer.

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Learned AGA has vehemently opposed.

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From the very perusal of First Information Report, it is apparent that it can not be said that no offence is prima facie made out. Hence, no ground is there for quashing of FIR.

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However, as the investigation is in process, two petitioners has been enlarged on bail. Hence, there is ground for giving a protection of no arrest of these three petitioners till submission of police report under Section 173(2) of Cr.P.C. provided, they cooperate in investigation and do not intervene or influence evidences at all.

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With above direction, this petition stands disposed of.

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Order Date :- 22.6.2020 Kamarjahan

Noor Alam @ Guddu and 2 Others v. State of U P and 2 Others

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Noor Alam @ Guddu and 2 Others v. State of U P and 2 Others

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