Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30367 of 2018 Petitioner :- Afzal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 20.10.2018 registered as Case Crime No.510 of 2018, under Section 3/5/8 of Cow Slaughter Act and Section 307 I.P.C., Police Station Sahaswan, District Budaun.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 26.10.2018 Anand Sri./-