The High Court refused to quash the FIR under the Cow Slaughter Act. It directed that if the petitioner is arrested, police must comply with Sections 41(1)(b) and 41-A CrPC, but this benefit ends upon filing of the police report.
Refused to quash FIR; directed police to comply with Sec 41(1)(b) and 41-A CrPC for arrest.
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Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 33495 of 2018
Petitioner :- Jalil Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Petitioner has approached this Court with a request to quash the FIR registered as Case Crime No. 330 of 2018, under Section 3/5/8 of Cow Slaughter Act, registered at P.S. Himpur Deepa, District Bijnor.
This Court has the occasion to peruse the FIR and the FIR in question does discloses a cognizable offence, in view of this, there is no occasion for this Court to quash the FIR, as has been prayed on behalf of petitioner, as such, prayer made on the said score is refused by this Court.
Learned counsel for the petitioner next contended that the offence in question as has been alleged to have been committed by the petitioner is under Section 3/5/8 of Cow Slaughter Act and the said offence even if the charges are found to be proved sentence of more than 7 years can not be awarded and, in view of this, mechanically arrest should not be effectuated by the police personnel.
The fact of the matter is that till date arrest has not been effectuated and this is mere apprehension of the petitioner that he would be arrested in breach of provisions as contained under Section 41 (1) (b) read with Section 41-A of the Cr.P.C. Once there is statutory provision provided for then it is always expected that the said provisions would be adhered to and in case there is any violation of the same, complaint can also be made before the Magistrate concerned to remedy the situation.
In view of the above, it is hereby directed that in case arrest of petitioner is to be effectuated and the offence, in which he is wanted, will not entail sentence of more than 7 years then in that event concerned police personnel should deal with the matter in compliance of the provisions as contained under Section 41 (1) (b) read with Section 41-A of the Cr.P.C.
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
Writ petition stands disposed of.
Order Date :- 22.11.2018 SA
2 issues framed by the court
Whether the FIR under the Cow Slaughter Act should be quashed.
Whether the petitioner can be granted bail in anticipation of arrest for an offence with a minimum sentence of over 7 years.
1 provisions across 1 enactments
Jalil
State Of U.P.
Bala Krishna Narayana
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
