Court No. - 25 Case :- MISC. BENCH No. - 5907 of 2010 Petitioner :- Abdul Qais Respondent :- State Of Through Secy.Home U.P.Govt. Civil Sectt. Lko.And Or Petitioner Counsel :- D.P.Singh Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate, who has accepted notices on behalf of opposite
parties.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
276 of 2010, under Section 2/3 U.P. Gangsters and Anti Social Activities
(Prevention) Act, 1986, police station Sandi, District Hardoi.
We have gone through the FIR as well as gang-chart annexed along with the
petition.
In the gang-chart one case relating to case crime no. 211 of 2010, under
Section 3/5/8 Uttar Pradesh Prevention of Cow Slauther Act, 1955 and
Section 11 Cruelty to Animal Act lodged at the same police station i.e. Sandi,
district Hardoi has been shown and the same has been made basis of lodging
the FIR.
Submission of learned counsel for the petitioner is that as soon as the
petitioner was granted bail by the competent court vide Annexure 3 to the
petition, the impugned FIR has seen light of the day and the same has been
lodged in vengeance.
There seems to be some substance in the submissions made by the learned
counsel for the petitioner.
Accordingly, we direct for issuing notice to opposite party no. 4, returnable at
an early date.
Let counter affidavit be filed by the respective opposite parties within six
weeks. Rejoinder affidavit, if any, may be filed within two weeks.
List this petition after expiry of the said period.
Till next date of listing, arrest of the petitioner in the aforesaid case crime
number shall remain stayed, provided he cooperates with the investigation,
which shall go on.
Order Date :- 21.6.2010
Chauhan/-