Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16135 of 2019 Petitioner :- Aali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Manoj Singh, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 31.5.2019, registered as Case Crime No.231 of 2019, u/s 3/5/8 Cow Slaughter Act, P.S. Garhmukteshwar, district Hapur.
Learned counsel for the petitioner submits that the petitioner was not arrested on the spot and police made false recovery against the petitioner. Neither petitioner was slaughtering the cow nor any equipment of slaughtering has been recovered from his possession. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Gaurav