Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24149 of 2019 Petitioner :- Abrar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Umair Mahmood Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent Nos. 1&2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 5.5.2019, registered as Case Crime No. 374 of 2019 under Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act at P.S. Kotwali City, District- Bijnor.
The allegations in the First Information Report discloses commission of cognizable offences and it appears that beef has also been recovered and, therefore, the prayer to quash the prayer of the petitioner cannot be accepted.
At this stage, the learned counsel for the petitioners has submitted that the First Information Report was lodged against three persons and the name of the petitioners came in their confession. It has been submitted that no one was shown to have absconded from the spot and therefore the implication of the petitioner in the above case is not justified yet the police has obtained non bailable warrant against the petitioner.
As non bailable warrant has been issued by the Court of Additional Chief Judicial Magistrate,Court No. 1, Bijnor on an application moved by the investigating agency, prima facie, there must be some material against the petitioners and, therefore, the appropriate course for the petitioner is to surrender and apply for bail. Even otherwise, the prayer to quash the First Information Report cannot be accepted as it discloses commission of cognizable offences.
With the aforesaid observation, the petition is disposed off.
Order Date :- 26.11.2019 SY