Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5050 of 2018 Petitioner :- Ashif And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Singh Bais Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State-respondent Nos. 1 and 2.
The petitioners contend that they are only wanted in Case Crime No. 71/2018, under sections 3/8 Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Qutubsher, District Saharanpur for transporting cows.
The prayer is to quash the said F.I.R.
We are not inclined to quash the impugned F.I.R. However, we leave it open to the petitioners to seek their bail. In case, the petitioners apply for bail, their bail application shall be considered and disposed of, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 28.2.2018 HSM