In a criminal miscellaneous writ petition, the High Court dismissed the petitioner's application seeking quashing of an FIR under the Prevention of Cow Slaughter Act. The Court held that the FIR disclosed a cognizable offence, rendering the quashing prayer inapt.
Prayer for quashing of the FIR is dismissed. Liberty granted to apply for bail.
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. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10675 of 2019
Petitioner :- Shanu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Irfan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the FIR dated 23.10.2018 registered as Case Crime No. 715 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and 3/11 Animal Cruelty Act, Police Station Swar, District Rampur.
The allegation in the impugned First Information Report disclose that a cow was slaughtered and when the police party arrived, the accused managed to escape. The police recovered a slaughtered cow and other equipments and the petitioner alongwith others have been named.
As the impugned First Information Report discloses commission of cognizable offence, the prayer of the petitioner to quash the First Information Report cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail, if so advised.
Order Date :- 23.4.2019
Vibha Singh
2 issues framed by the court
Whether the quashing of the FIR under Section 481 CrPC is maintainable when the FIR discloses a cognizable offence of cow slaughter.
Whether the petitioner is entitled to relief when the allegations pertain to a cognizable offence.
2 provisions across 2 enactments
Shanu
State Of U.P.
2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
