Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30806 of 2018 Petitioner :- Anmol Prema Nand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramkripal Yadav,Muktesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A. for the State-respondent.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 13.11.2017 registered as Case Crime No. 0114 of 2017 under section 307 I.P.C and 3/5A/8 The Prevention of Cow Slaughter Act 1955 and 11 of Animal Cruelty Act, P.S. Kandava, District Chandauli.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.10.2018 Sazia