The Allahabad High Court has stayed the arrest of a minor, who was caught with beef in Charwa, Kaushambi, in a case registered under the Uttar Pradesh Gangster and Anti-Social Activities Act.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar passed this order while hearing a Criminal Misc Bail Application filed by the minor.
The contention of the counsel for the petitioner is that the petitioner is a juvenile and is implicated in the case on the basis of a solitary FIR registered against unnamed as case under Section 379 IPC and 3/5Ka/8 of Cow Slaughter Act, wherein also no recovery was made from the petitioner.
The submission is that the allegations on the basis of material at best discloses a simple offence which would fall in the category of law and order and has no trappings of an offence concerning a larger public order, therefore lodgement of FIR is an abuse of process of law.
The counsel for the petitioner relied upon a Division Bench judgment of the court dated November 23, 2016, and judgment of the Court passed at Lucknow Bench dated December 16, 2019, to submit that routine implication of a juvenile in a serious offense under the Gangsters Act without any prima facie offense involving public order would be an abuse of the process of law.
The Court observed that the matter requires consideration and therefore issued notice to the respondents and directed them to file a counter-affidavit.
“All the respondents are allowed six weeks’ time to file a counter-affidavit. Rejoinder, if any, may be filed within two weeks, thereafter. List thereafter. Till the next date of listing, the petitioner shall not be arrested in Case under Section 2/3(1) of UP Gangster and Anti Social Activities (Prevention) Act 1986, Police Station-Charwa, District Kaushambi, provided he cooperates in the investigation,” the Court ordered.