Criminal Misc. Writ Petition challenging quashing of FIR. Court found no prima facie case for quashing. Granted order not to arrest petitioner pending police report.
Petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. Petitioner to cooperate with investigation.
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Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 17304 of 2019
Petitioner :- Babu Quraishi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Rohit Ranjan Agarwal,J.
The contention of the petitioner is that the allegations made in the F.I.R. are false and concocted and the petitioner was neither present at the site nor any recovery was made from him.
In our view, no prima-facie case is made out for the quashing of the First Information Report.
However, the petitioner shall not be arrested in Case Crime No. 0167 of 2019 under Section 3/5/8 of Cow Slaughter Act, Police Station Mariyahun, District Jaunpur till the submission of police report under Section 173(2) Cr.P.C. Petitioner, however, shall cooperate with the investigation.
The writ petition stands disposed of .
Order Date :- 25.6.2019 Nirmal
1 issue framed by the court
Whether the allegations made in the F.I.R. are false and concocted.
2 provisions across 2 enactments
Babu Quraishi
State Of U.P.
2 Others
Sunita Agarwal
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
