Zafar Ali Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 11644 of 2019

Petitioner :- Zafar Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Belal Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.

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The instant petition seeks quashing of the F.I.R. dated 20.04.2019 registered as Case Crime No. 162 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Mau Aima, District Allahabad.

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The contention of the learned counsel for the petitioners is that petitioner has been falsely implicated on the basis of statement made by persons, who were apprehended with 1.5 quintal of beef. It has been submitted that beef has not been recovered from the possession or from the premises of the petitioner because the raid was conducted on the premises of one Javed @ Mastan.

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Be that as it may, the correctness of the allegations are not to be tested, ordinarily, in writ jurisdiction as the matter is under investigation and, therefore, keeping in mind that the F.I.R. discloses commission of cognizable offences, the prayer of the petitioner to quash the F.I.R. cannot be accepted. However, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.

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It is made clear that this Court has not stayed the investigation of the aforesaid case.

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Order Date :- 2.5.2019

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Vibha Singh

Zafar Ali v. State of U.P. and 2 Others

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Zafar Ali v. State of U.P. and 2 Others

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