Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10884 of 2018 Petitioner :- Gayur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri C.S.Mishra, learned counsel for the petitioner, Sri N.K.Tiwari, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 24.2.2018, registered as Case Crime No.113 of 2018, under Section 3/5A/8 of Cow Slaughter Act and 11(D) Animal Cruelty Act, P.S. Gangoh, District Saharanpur.
Learned counsel for the petitioners submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention.The allegation levelled against the petitioner is absolutely false, frivolous and baseless. He further submits that the identically situated co-accused persons have already challenged the FIR of the present case by means of filing Crl. Misc. Writ Petition No.6258 of 2018, which has been disposed of by Coordinate Bench of this Court vide order dated 15.3.2018 staying arrest of the said co-accused, copy of which is annexed as Annexure-2 (at page-23) to the writ petition, hence, the petitioner is also entitled for the same relief.
Learned A.G.A.opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 30.4.2018/NS