The High Court refused to quash the FIR due to prima facie cognizable offence but directed no arrest till credible evidence or police report submission under Section 157 Cr.P.C. referring Joginder Kumar.
No arrest directed till credible evidence available or police report submitted.
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Court No. - 32
Case :- CRIMINAL MISC. WRIT PETITION No. - 12166 of 2018
Petitioner :- Ali Rza And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Bachchoo Lal,J.
Heard the learned counsel for the petitioners and the learned A.G.A.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. of case crime no. 0254 of 2018, under sections 3/5/8 Cow's Slaughter Act, Police Station Bhojipura, District Bareilly.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not available against them during the investigation or till the submission of police report under section 173(2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of.
Order Date :- 14.5.2018 Masarrat
2 issues framed by the court
Whether to quash the FIR under Cow's Slaughter Act.
Whether restrictions under Section 157 Cr.P.C. apply pending investigation.
Colour shows how this judgement treated each authority
Joginder Kumar Versus State of U.P.Referred¶9
Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981
2 provisions across 1 enactments
Ali Rza
State Of U.P.
Shashi Kant Gupta
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
