The High Court refused to quash the FIR filed under the Cow Slaughter Act and Animal Cruelty Act as prima facie offences were made out. However, it directed an expedited bail hearing within thirty days citing Supreme Court precedent.
Prayer for quashing of FIR refused; direction issued for expeditious bail hearing within thirty days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 2936 of 2018
Petitioner :- Nazar And Another Respondent :- State Of Up And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 27.01.2018 lodged in Case Crime No.118 of 2018, under Sections 3/5/8 of Cow Slaughter Act and Section 3/11 Animal Cruelty Act, Police Station Kotwali City, District Muzaffar Nagar.
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 interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P . reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this petition is disposed of finally.
Order Date :- 7.2.2018 S.Ali
2 issues framed by the court
Whether the F.I.R. under the Cow Slaughter Act and Animal Cruelty Act should be quashed at the initial stage.
Whether an order for expeditious bail hearing can be issued pending bail application.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
Amrawati and another Vs. State of U.P. 2005 Cr. L. J. 755
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
2 provisions across 2 enactments
Nazar And Another
State Of Up And Another
Rajesh Dayal Khare
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
