Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37313 of 2018 Petitioner :- Afjal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rakesh Pati Tiwari for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 9.12.2018 (registered as Case Crime No. 615 of 2018), u/s 307 I.P.C. and Section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Nawabganj, district Bareilly.
In substance, allegation in the F.I.R. has been made that on 8.12.2018, at about 2300 hrs., the police raided the house of informant, where three buffalo calves were found tied there. When inquiry was made, then the accused threw the knife upon the police party and ran away from the spot. No one has received any injury in the present case.
In the facts of the case, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 9.12.2018 (registered as Case Crime No. 615 of 2018), u/s 307 I.P.C. and Section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Nawabganj, district Bareilly, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2018 Jaideep/-