Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37320 of 2018 Petitioner :- Fussoo Devari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Pramod Shukla for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 5.1.2017 registered as Case Crime No. 14 of 2017, under Section 3, 5, 8 of UP Prevention of Cows Slaughters Act, 1955, P.S. Sardhana, Distt. Meerut.
In the FIR the allegation has been made that on 5.1.2017 at 07:10 AM, the police party was checking the vehicle. During checking two vehicle i.e. one Bolero and one Pick Up came there. When the police party tried to stop the vehicle then one person has extorted to run over the police person. After some distance, Pick Up vehicle was stopped and three persons came out from the vehicle and hide in the field of sugarcane. Thereafter Bolero vehicle was also stopped in which Gullu @ Gulfam was arrested. On checking, in the Pick Up vehicle one quintal beef and in the Bolero vehicle 10 quintal beef was disclosed. Gullu @ Gulfam discloses the names of other persons, who fled away from the spot.
The counsel for the petitioners submits that the petitioners were not arrested from the spot. Their names were came in the light on the basis of statement of co-accused. Apart from the statement of co-accused there is nothing on record to connect the petitioner with the present FIR.
As the FIR discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 5.1.2017 registered as Case Crime No. 14 of 2017, under Section 358 of UP Prevention of Cows Slaughters Act, 1955, P.S. Sardhana, Distt. Meerut till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 20.12.2018/Rahul /-