Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 2889 of 2021 Petitioner :- Chhamanath Yadav @ Amarnath Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Preetam Yadav Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Preetam Yadav, learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 06.02.2021 registered as Case Crime No. 0038 of 2021, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11 of the The Prevention of Cruelty to Animal Act, 1960, P.S. Jalalpur, District Jaunpur.
The contention of the learned counsel for the petitioner is that the petitioner is innocent and has been falsely implicated in the present case. Neither the petitioner was arrested on the spot nor anything has been recovered from the possession of the petitioner. On the basis of information received from the arrested accused, the complicity of the petitioner has came to light. There is no cogent evidence against the petitioner to connect with the alleged offence. It has further been submitted that the petitioner is a poor man and doing private work for his livelihood. The impugned F.I.R. has been lodged only for the purpose of harassing the petitioner.
Per contra, learned A.G.A. has vehemently opposed the prayer for quashing of the F.I.R. and submitted that the petitioner and other co-accused were carrying two cows and one calf for slaughtering in a pickup van (vehicle) and Police personnel tried to stop the vehicle but the petitioner fleeing away from the vehicle. Two other accused were arrested by the Police and two cows and one calf were recovered in a pickup van (vehicle) which are tied with rope. He next submitted that from the perusal of allegations made in the impugned F.I.R., it cannot be said that no cognizable offence is made out. Hence, the impugned F.I.R. is not liable to be quashed.
Considering the facts and circumstances of the case, we do not find it a fit case for quashing the impugned F.I.R. therefore, prayer for quashing the F.I.R. is hereby refused and writ petition is dismissed. However, if petitioner appears and surrenders before the court concerned within a period of one month and applies for bail, the same shall be considered and decided expeditiously in accordance with law.
Order Date :- 7.4.2021 Ishan