Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5477 of 2019 Petitioner :- Asraf Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30.07.2018 registered as Case Crime No. 559 of 2018, under Sections 5A/8 Cow Slaughter Act and section 11 Prevention of Animal Cruelty Act, 1960, P.S. Jhinjhana, District Shamli.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated; that there is no evidence of cow slaughter; and that the petitioner has not been apprehended on spot.
Be that as it may, on the aforesaid ground, the first information report cannot be quashed because it levels allegation that animals were being transported for the purpose of slaughtering and they were tied in a cruel manner.
However, looking to the facts and circumstances 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 petitioner's co-operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 28.2.2019 Sunil Kr Tiwari