Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4708 of 2018 Petitioner :- Ballay And Another Respondent :- State Of U.P. Through Secretary Home Dept. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 24.01.2018 bearing Case Crime No. 0012 of 2018 pending investigation at Police Station Amaria, District Pilibhit pertaining to the offences under Sections 3/5/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Animals Cruelty Act.
From perusal of the averment contained in the First Information report, it reveals that prima facie there is sufficient material to have investigation for cognizable offence and as such we are not inclined to quash the First Information Report.
However, looking to the nature of allegations and also surrounding circumstances, we deem it appropriate to direct the Station House Officer, Police Station Amaria, District Pilibhit not to arrest the petitioners namely Ballay son of Mally and Yaseen son of Ali Husain alias Lalla, in the case referred above, till filing of the police report as per the provision of Section 173(2) of the Code of Criminal Procedure, 1973. The petitioners shall co-operate the investigating agency in relation to the investigation in process.
The writ petition stands disposed off accordingly.
Order Date :- 26.2.2018 Arnima (Ashok Kumar, J.) (Vikram Nath, J.)