Petitioner sought quashing of F.I.R. under U.P. Cow Slaughter Act, arguing his motorcycle was used by an uncle. This Court held such issues cannot be investigated at threshold and dismissed the writ petition, directing petitioner to seek relief under CrPC.
Prayer to quash the First Information Report was declined.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 3689 of 2022
Petitioner :- Mahtab Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Jeet Upadhyay,Mohd Javed Akhter Counsel for Respondent :- G.A.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Rajnish Kumar,J.
This writ petition has been filed with the prayer to quash the First Information Report registered as Case Crime No.0028 of 2022, under Section 3/5A/8 of U.P.Cow Slaughter Act, Police Station-Hathgaon, District-Fatehpur.
Petitioner's defence that his motorcycle was used for the offence by the brother who had taken it, cannot be a ground to quash the First Information Report nor such issues can be investigated at the threshold in proceedings under Article 226 of the Constitution of India.
Since allegations otherwise are clearly disclosed suggesting commissioning of cognizable offence under the aforesaid Act, prayer made to quash the First Information Report is declined.
Writ petition is, accordingly, dismissed.
Dismissal of this petition will not preclude the petitioner to avail the appropriate remedy under the Code of Criminal Procedure which shall be dealt with on its own merit and in accordance with law.
Order Date :- 7.4.2022
Banswar
Digitally signed by RAM NARESH BANSWAR Date: 2022.04.07 17:08:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether petitioner's defence that his motorcycle was used by his brother for the offence is a ground to quash the First Information Report.
Whether such issues regarding commission of offence can be investigated at the threshold in proceedings under Article 226.
3 provisions across 3 enactments
Mahtab Alam
State Of U.P.
Ashwani Kumar Mishra
Rajnish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
