The court refused to quash the FIR but directed that investigation proceed while an order not to arrest the petitioner was issued subject to cooperation until the police report.
Prayer for quashing FIR refused; order not to arrest petitioner issued pending police report subject to cooperation.
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Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 9367 of 2020
Petitioner :- Saddam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.
Heard Sri Mohammad Zakir, 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 1.3.2020, registered as Case Crime No.0118/2020, under Sections 3/5/8 of the Cow Slaughter Act and 4/25 of the Arms Act, P.S. Gulaothi, Bulandshahar.
Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, no incriminating articles are received, 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.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner / s alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.10.2020 Chandra
2 issues framed by the court
Whether the impugned FIR under the Cow Slaughter Act and Arms Act should be quashed.
Whether the petitioner can be arrested during the investigation pending police report.
3 provisions across 3 enactments
Saddam
State Of U.P.
Pankaj Naqvi
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
