Asif Alias Shahrukh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Allahabad HC20 Sept 2024CRLP/7033/2024

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition seeks quashing of an FIR registered under the Prevention of Cow Slaughter Act, Prevention of Cruelty to Animals Act, and Arms Act. The petitioner pleaded innocence and argued applicability errors. The High Court made a prima facie finding for consideration, issued notice, and granted interim arrest protection.

What did the court decide?

Notice issued to respondent; interim order prohibiting arrest of petitioner till next listing unless sufficient evidence against him.

Asif Alias Shahrukh vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7033 of 2024

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Petitioner :- Asif Alias Shahrukh

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Irshad Ali,Syed Ahsan Abbas,Syed Suleman Abbas

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Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for petitioner and learned A.G.A. for the State respondents.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 13.08.2024 bearing Case Crime No.0206 of 2024 registered under Sections 3/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11/4 of Prevention of Cruelty to Animals Act, 1960 and Section 4/25 of Arms Act at Police Station-Kakori, DistrictLucknow.

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Submission of counsel for petitioner is that petitioner is innocent and has been falsely implicated in the impugned F.I.R. Further submission is that Section 8 of Cow Slaughter Act relates to penalty and Section 3 is not applicable as neither any cow was recovered from the spot nor any slaughtering has taken place.

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Prima facie a case for consideration is made out.

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Issue notice to respondent no.4 returnable within four weeks.

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6. List this case after four weeks.

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Office will submit service report on the basis computerized

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tracking report.

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It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he does not do so, it shall be a ground vacation of this interim order.

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Order Date :- 20.9.2024 Arti/-

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Asif Alias Shahrukh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

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Asif Alias Shahrukh v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

What is this about?

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