Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2550 of 2019 Petitioner :- Azam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi 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 respondents no. 1, 2, 3 and 4; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 3.1.2019, registered as Case Crime No. 0002 of 2019, under Sections 3, 5A, 8 of U.P. Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act, 1960 P.S. Rajabpur, District J.P. Nagar/Amroha.
A perusal of the First Information Report which has been lodged against three unknown persons discloses commission of cognizable offence and, therefore, the prayer to quash First Information Report cannot be accepted at this stage.
The learned counsel for the petitioner has submitted that the petitioner is neither named nor was caught on spot, that no slaughtered cow or beef was found; and that there is no evidence to show that any attempt to slaughter the cow was made, though, as per allegations, the cow was found tied and certain instruments are said to have been found.
It has thus been submitted that the petitioner is entitled to protection till completion of investigation.
Having considered the facts and circumstances of the case, without expressing any opinion of the merits on the defence taken by the petitioner, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioner, subject to his co-operation in the investigation, shall not be arrested in the aforesaid case, till submission of police report under Section 173(2) Cr.P.C. Order Date :- 31.1.2019 Md Faisal