Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19969 of 2018 Petitioner :- Akhlakh @ Chunna Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.P.Sing, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 8.7.2018, registered as case crime No.662 of 2018, under Sections 414, 429 I.P.C. and Section 11 Prevention of Cruelty to Animals Act, 1960, P.S. Delhi Gate, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is wholesaler of meat product and is having licence of wholesale of fish, meat, poultry shop obtained from the Department of Food Safety and Drug Administration, Government of U.P., copy of which is annexed as Annexure-2 (at page-28) of the writ petition. He further submitted that the petitioner was neither arrested on the spot nor anything has been recovered either at the pointing out of the petitioner or from his possession. The petitioner has been made an accused in the present case only on the basis of statement of co-accused who was arrested on the spot. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.7.2018/NS