Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2554 of 2019 Petitioner :- Aftab Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 24.09.2018 registered as Case Crime No. 395 of 2018 at P.S. Chauri Chaura, District- Gorakhpur, under Sections 3/5/8 of Cow Slaughter Act and section 11 of Protection of Animal from Cruelty Act.
The allegation in the first information report is with regard to transportation of cows for slaughter in a cruel manner. The petitioner is alleged to be one of the drivers.
The contention of the learned counsel for the petitioner is that there is no evidence of slaughter and it is not stated in the first information report that the petitioner is the owner of the vehicle. It has been submitted that, under the circumstances, the petitioner is entitled to protection till conclusion of investigation.
As from perusal of the FIR it cannot be said that no offence is made out, the prayer to quash the first information report cannot be accepted.
However, we deem it appropriate to dispose off this petition by providing that the investigation may continue and be brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173 (2) Cr.P.C., subject to co- operation of the petitioner in the investigation.
Order Date :- 31.1.2019 Sunil Kr Tiwari