This court refused to quash the first information report but directed that the petitioners not be arrested pending the filing of the police report under Section 173(2) Cr.P.C.
Directed the Station House Officer not to arrest the petitioners till filing of the police report under S. 173(2) Cr.P.C.
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Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 2401 of 2018
Petitioner :- Gulnawaz And 1 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashfaq Ahmed Ansari Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 16.12.2017 bearing Case Crime No. 2618 of 2017 pending investigation at Police Station Kotwali Nagar, District Muzaffar Nagar pertaining to the offences under Sections 3,5-A,8 of U.P. Prevention of Cow Slaughter Act.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Kotwali Nagar, District Muzaffar Nagar not to arrest the petitioners namely Gulnawaz and Amir Azam @ Peera in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 2.2.2018 SK Srivastava
(Ashok Kumar,J.) (Govind Mathur,J.)
1 issue framed by the court
Whether the first information report should be quashed under the Prevention of Cow Slaughter Act.
Gulnawaz And 1 Others
State Of U.P. And 3 Others
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
