Single paragraph order dismissing F.I.R. quashing petition under Article 226. Petitioner granted direction of non-arresti. until police report submission.
F.I.R. not quashed; non-arrest direction granted till police report submission.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 15093 of 2018 Petitioner :- Fakhre Alam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
The present petition under Article 226 of the Constitution of India has been filed with the prayer to quash the first information report dated 20.05.2018 bearing Case Crime No. 0343 of 2018, under Sections 3/5/8 Cow Slaughter Act, P.S. Alapur, District Budaun pending investigation.
Learned counsel for the petitioner submits that no case is made out against the petitioner for committing the alleged offence. He further contended that the petitioner is innocent and has been falsely implicated in the present case.
Having considered the facts stated in the first information report, we do not find any justifiable reason to quash the first information report as it discloses commission of a cognizable offence.
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 petitioner shall not be arrested in above mentioned case, till the submission of police report under section 173(2) Cr.P.C.
With the above direction this petition is finally disposed of.
Order Date :- 14.6.2018 Himanshu
2 issues framed by the court
Whether the first information report under Sections 3/5/8 Cow Slaughter Act should be quashed.
Whether the petitioner should be arrested pending submission of the police report.
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
3 provisions across 2 enactments
Fakhre Alam
State Of U.P.
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
