Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2352 of 2019 Petitioner :- Ajeem And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abdul Mazeed Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 6.1.2019 registered as Case Crime No. 0007 of 2019, under Sections 3/5/8 of Cow Slaughter Act, and Section 11 Animal Cruelty Act, 1960, P.S. Neoria, District Pilibhit.
The contention of the learned counsel for the petitioner is that there is no evidence of slaughter though allegation is that a calf was being herded in a cruel manner for slaughter. It has been submitted that the petitioners have been falsely implicated.
The First Information Report discloses commission of cognizable offence therefore no case to quash the First Information Report is made out.
However, looking to the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 Md Faisal