Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1411 of 2019 Petitioner :- Azad And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Sushil Kumar Pandey, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.12.2018 registered as Case Crime No.642 of 2018 under sections 3/5A/8 Cow Slaughter Act, P.S. Charthawal District Muzaffar Nagar.
It is submitted by learned counsel for the petitioner that F.I.R, is malafidely motivated, petitioners were not arrested from the scene, no allegation of Section 307 I.P.C is made out against the petitioners, yet a report has been registered under the said section, which only shows malafides. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A, has opposed the submissions.
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 petitioners 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 :- 22.1.2019 RS