KAFEEL Vs. STATE OF U.P.

JUDGEMENT

(1.) By this petition, the petitioner has prayed for quashing the entire proceedings of CNR No. UPJB010048152019 (State Vs Shahnawaj alias Shanu and others) pending before the Sessions Judge/Fast Track Court-11, Amroha including Charge Sheet No. 01/2019 dtd. 11/9/2019 submitted by the Investigating Officer before the Sessions Judge/Fast Track Court-11, Amroha in Case Crime No.0193/2019 under Sec. 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 dtd. 27/9/2019 passed by the Additional District and Sessions Judge, Court No. 4, Amroha in CNR No. UPJB010048152019 (State Vs Shahnawaj alias Shanu and others) as well as Non- Bailable Warrants dtd. 28/8/2020, 21/10/2020 and 10/12/2020 issued by the Additional District and Sessions Judge, Court No. 4, Amroha against the applicant. Further prayer has also been made for quashing the approval order dtd. 19/3/2019 passed by the District Magistrate, Amroha upon the gang chart which has been recommended by the Superintendent of Police, Amroha on 19/3/2019 so far as it relates to the applicant.

(2.) Brief facts of the case are that an F.I.R. dtd. 13/8/2018 was lodged under Ss. 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 dtd. 13/8/2018 is being translated into English and quoted as under:-

(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.