Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5077 of 2019 Petitioner :- Akram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent no.1 and 2; and perused the record.
The instant petition has been filed for quashing the FIR dated 01.02.2019 registered as Case Crime No.0048 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Nawabganj, District Bareilly.
The allegation in the FIR is that the police received information that two persons, namely, Akram (the petitioner) and Shakeel were carrying beef on a motorcycle, upon which, the police party intercepted the motorcycle and tried to stop it, but the motorcycle fled away dropping a bag containing beef.
The contention of learned counsel for the petitioner is that the entire story is concocted because even motorcycle number is not disclosed in the FIR.
Be that as it may, the correctness of the allegation cannot be tested in writ jurisdiction. Otherwise also, it is well settled that first information report is not to be an encyclopedia of all the facts.
In view of the above, the prayer of the petitioner to quash the FIR cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion but,subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
The petition stands disposed off. Order Date :- 25.2.2019/Ajeet