Court rejected petition to quash FIR due to prima facie cognizable offences, but directed non-arrest pending police report under Cr.P.C. with condition to cooperate in investigation.
Prayer for quashing refused; direction issued for non-arrest pending police report subject to cooperation in investigation.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37223 of 2018
Petitioner :- Gaus Mohammad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the first information report dated 27.10.2018 registered in Case Crime No. 665 of 2018, under Section 3/5-A/8 Cow Slaughter Act and Section 11 Animal Cruelty Act, P.S. Puranpur, district Pilibhit.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily being harassed by the police authorities. The first information report has been lodged by the respondent no. 3 at the inkling and connivance of the sympathizer of police personnel as he could not grease their palm. There is no independent witness to support the prosecution case, hence the impugned first information report is liable to be quashed.
From perusal of the first information report, prima facie cognizable offences is made out at this stage against the petitioner therefore, we do not find any cogent or convincing 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 Shahnawaz
1 provisions across 1 enactments
Gaus Mohammad
State Of U.P.
2 Others
Naheed Ara Moonis
Pradeep Kumar Srivastava
As recorded by the court registry
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