Salim Vs State of U.P. and 3 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 34819 of 2018

Petitioner :- Salim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rupendra Kumar Mishra Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard the learned counsel for the petitioner and learned A.G.A. for the respondents and perused the record of the case.

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Th instant writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 20.9.2018 bearing Case Crime No. 355 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Asmauli, District Bheem Nagar (Shabhal).

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It is submitted by the learned counsel for the petitioner that the first information report has been lodged against the petitioner and the coaccused persons at the instance of police sympathizer who were already nurturing animus and grudge against him. No incriminating articles were recovered from the possession of the petitioner.

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Learned AGA contended that there is sufficient material showing the involvement of the petitioner in the aforesaid offence.

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From perusal of the F.I.R., a prima facie case under the aforesaid sections is made out against him at this stage, therefore, we do not find any cogent reason to quash the F.I.R. The prayer for quashing the F.I.R. is refused.

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However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid offence till the submission of police report under Section 173(2) Cr.P.C.

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With the above direction, this petition is finally disposed of.

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Order Date :- 3.12.2018 Naim

Salim v. State of U.P. and 3 Others

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Salim v. State of U.P. and 3 Others

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