Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7848 of 2018 Petitioner :- Abu Laish And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amaresh Yadava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Learned counsel for the petitioners submits that due to some inadvertence, name of the enactment has been wrongly mentioned in the petition for writ.
Learned counsel for the petitioners is permitted to make necessary correction in the petition for writ. Correction has been made before us.
Heard Sri Amaresh Yadava, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 28 of 2018 pending investigation at Police Station Phulpur, District Azamgarh pertaining to offence punishable under Sections 3/5/8 Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animal Act, 1960 and Sections 429 I.P.C.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 3-Station House Officer, Police Station Phulpur, District Azamgarh not to arrest the petitioners-Abu Laish and Pappu alias Abujar in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)