Petitioner moved for quashing of an FIR under cow slaughter and cruelty to animals acts, claiming non-involvement. Bench denied quashing but directed non-arrest pending police report submission.
Petitioner shall not be arrested in the case till the submission of police report under Section 173(2) Cr.P.C., provided he cooperates with investigation.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37213 of 2018
Petitioner :- Naushad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 2.12.2018 registered as Case Crime No.444 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 Prevention of Cruelty to Animals Act, 1960 , P.S. Asmauli, District Beem Nagar/Sambhal.
It is argued by the learned counsel for the applicant that the petitioner is not named in the FIR and his name has been surfaced on the statement of co-accused. The petitioner has nothing to do with the alleged crime and entire allegations made in the FIR are absolutely false and concocted. Hence the impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
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 case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 19.12.2018 M. Tariq
2 issues framed by the court
Whether the FIR under sections related to cow slaughter and cruelty to animals should be quashed given the petitioner is not named in it.
Whether a direction for non-arrest of the petitioner until the submission of the police report under Section 173(2) Cr.P.C. is appropriate.
3 provisions across 3 enactments
Naushad
State Of U.P.
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
