Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5439 of 2019 Petitioner :- Bhura Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shamshad Ahmad,Rohit Yadav 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 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 20.09.2018 registered as Case Crime No.295 of 2018, under Section 3/8 of U.P. Prevention of Cow Slaughter Act, P.S. Nagal, District Saharanpur.
The contention of the learned counsel for the petitioner is that the petitioner is not named in the first information report, which has been lodged against one Kala, and, otherwise also, there is no evidence of any cow slaughter.
Be that as it may, the impugned first information report discloses that upon information that cows etc., were to be slaughtered, the police reached the spot and found animals tied in cruel manner and were just about to be slaughtered, but seeing the police three persons escaped. Therefore, it cannot be said that the first information report discloses no cognizable offence. Hence, the prayer of the petitioner to quash the first information report cannot be accepted.
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 cooperation in the investigation, he 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 AKShukla/-