Writ petition seeking quashing of FIR and protection from arrest under the Uttarakhand Protection of Cow Progeny Act was dismissed as devoid of merit. Court deferred final decision pending investigation report.
Writ petition dismissed; bail application stayed for expeditious hearing upon surrender.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No. 450 of 2017
Alim …..Petitioner
Versus
State of Uttarakhand and others ….Respondents
Mr. Bilal Ahmad, Advocate for the petitioner
Mr. A.S. Gill, Dy. Advocate General assisted by Mr. Milind Raj, Brief Holder for the State.
Hon’ble V.K. Bist, J.
Petitioner has approached this Court seeking following reliefs:
(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 24.03.2017 registered as Case Crime No.98 of 2017 u/s 3/5/11 of Uttarakhand Protection of Cow Progeny Act, 2007, P.S. Kotwali, Roorkee, District Haridwar.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in case crime no.98/2017 under section 3/5/11 of Uttarakhand Protection of Cow Progeny Act, 2007, P.S. Kotwali Roorkee District Haridwar, till the pendency of present petition.
An F.I.R. was lodged by respondent no.3 alleging that on 24.03.2017 the police received an
2
information that petitioner is selling beef (cow flesh) in his house. Believing on this information, the police party raided the house of petitioner. However, on seeing the police, the petitioner managed to escape from the spot and it is alleged that from the house of petitioner 50 kgs of beef and equipment meant for slaughtering were recovered.
(V.K. Bist, J.) 06.04.2017
Rajni
1 issue framed by the court
Whether to quash the FIR or issue directions regarding arrest under the Uttarakhand Protection of Cow Progeny Act.
Alim
State of Uttarakhand
V.K. Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
