This writ petition sought quashing of an FIR under the Cow Slaughter Act. The court rejected the quashing prayer as an offence was made out but prevented the petitioner's arrest until the police report is submitted.
Petitioner not to be arrested in the case till submission of police report under Section 173(2) Cr.P.C.
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. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 25656 of 2019
Petitioner :- Meharban Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Samit Gopal,J.
Heard Sri Chandra Shekhar Mishra, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 22.11.2019, registered as Case Crime No.688/2019, under Section 3/5/8 of the Cow Slaughter Act, P.S. Kotwali Dehat, Saharanpur.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 17.12.2019 Chandra
2 issues framed by the court
Whether the FIR under the Cow Slaughter Act should be quashed due to false allegations?
Whether the petitioner can be arrested pending the investigation while a writ petition is pending?
1 provisions across 1 enactments
Meharban
State Of U.P.
Pankaj Naqvi
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
