Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Sanjeev Kumar Dwivedi, learned counsel for the petitioners, Ms. Nand Prabha Shukla, learned A.G.A. for State-respondents and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners- Faiyaz, Sonu, Baba, Anas with the following relief:
"(i) issue a writ, order or direction in the nature of mandamus directing the opposite party nos.2& 3 not to arrest the petitioners in pursuance of the First Information Report dated 14.05.2021 lodged by opposite party No.4 registered at F.I.R. No.0158 of 2021, under Section 3/58/8 U.P. Prevention of Cow Slaughter Act, Police Station- Kandhai, District Pratapgarh without complying with the provisions of Section 41-A of Cr.P.C."
Learned counsel for petitioners argued that there is neither any credible evidence against the petitioners nor there is any independent witness to the alleged recovery. Learned counsel for petitioners submits that the petitioners are named in the F.I.R. on the basis of confessional statement of the co-accused Wasarat, who was arrested on the spot. He further submits that the allegations levelled against the petitioners are false and concocted. He further submits that the petitioners were not present at the date and time of the incident. He further submits that that petitioners have no concern with the alleged crime and they have been falsely implicated in the present case with malafide intention.
Learned A.G.A., on the other hand, opposed the submissions advanced by learned counsel for petitioners and pointed out that petitioners have not made prayer for quashing of the impugned F.I.R. and only prayed to stay the arrest of the petitioners in pursuance of the impugned F.I.R. She further submits that the plea of alibi cannot be examined by this Court in a writ petition as the same can be adjudged during the course of trial on the basis of the evidence adduced by the petitioners and also the impugned F.I.R. discloses a cognizable offence against the petitioners and, therefore, the present writ petition is liable to be dismissed.
After having considered the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., which shows that cognizable offence is made out against the petitioners, we are of the opinion that no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioners.
The writ petition is, accordingly, dismissed.
(Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 16.8.2021 Shubhankar