Anees and Another Vs State of U.P. and 2 Others

Court No. - 5

Case :- CRIMINAL MISC. WRIT PETITION No. - 16762 of 2018

Petitioner :- Anees And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar,S.M.Faraz I. Kazmi Counsel for Respondent :- G.A.

¶4

Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rajiv Joshi,J.

¶5

The petitioners have instituted this writ petition under Article 226 of the Constitution of India for quashing the first information report dated 05.06.2018 has been registered as Case Crime No.108 of 2018, under Sections 3/5A/8 of The U.P. Prevention of Cow Slaughter Act, 1955, Police Station Fatehpur, District Saharanpur.

¶6

We have heard learned counsel for the petitioners and learned AGA.

¶7

Learned counsel for the petitioners has submitted that both the petitioners are real brothers and they are doing the job of plumber. They have been falsely implicated in the present case simply because they are main accused. It is further submitted that they were not arrested on the spot.

¶8

It is further contended on behalf of petitioners that the offence under which the first information report has been registered, maximum punishment is less than 7 years, accordingly the police is not bound to arrest the petitioners in terms of Section 41(1)(b) of the Cr.P.C.

¶9

Taking into consideration the allegation made in the first information report, we are not satisfied that it is fit case for interference under Article 226 of the Constitution. Accordingly, we decline to interfere in the matter.

¶10

However, having regard to the nature of the crime, we grant liberty to the petitioners to move an appropriate application before the concerned court within 15 days from the date of the production of a certified copy of this order. In the event, any such application is made, we hope and trust that the court concerned shall pass an appropriate order expeditiously terms of Section 41(1)(b) of the Cr.P.C.

¶11

Order Date :- 25.6.2018 SFH

Anees and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Anees and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karishma @ Kirti Gautam and Another Vs State of U.P. and 4 Others

Sumit Vs State of U.P. and 2 Others

Ravi Kumar Vs State of U.P. and 2 Others