Salman and Another Vs State and 2 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 29044 of 2017

Petitioner :- Salman & Another Respondent :- State & 2 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.

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We have heard learned counsel for the petitioners and learned A.G.A.

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This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No. 312 of 2017, under Sections 3,5,8,11 Cow Slaughter Act and Animal Cruelty Act, Police Station Ahiraula, District Azamgarh, so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.

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It is contended that the Bench of this Court has already disposed of a writ petition of similar nature preferred by 4 others co-accused persons with a relation for not arresting them in the case in question till cogent credible evidence is collected showing the complicity of the petitioners in case or till submission of police report under Section 173(2) Code of Criminal Procedure before the Court competent.

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In light of the facts stated above the instant petition for writ is also disposed of with the direction that the petitioners shall not be arrested in the aforesaid case crime number till cogent and credible evidence is collected showing the complicity of the petitioners in the instant case or till submission of police report under Section 173(2) Cr.P.C. before the court concerned, whichever is earlier, subject to their cooperation in the investigation, which will go on and shall be brought to a logical end.

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Order Date :- 3.1.2018 SK Srivastava

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(Ashok Kumar,J.) (Govind Mathur,J.)

Salman and Another v. State and 2 Others

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Salman and Another v. State and 2 Others

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