Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11481 of 2019 Petitioner :- Guddu Shaw Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Rai,Santosh Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,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 07.04.2019 registered as Case Crime No.38 of 2019, under Section 3/5A/8 of Cow Slaughter (Prevention) Act, Section 11 of Animal Cruelty (Prevention) Act, and Sections 307, 323, 504 IPC, P.S. Illia, District Chandauli.
The contention of the learned counsel for the petitioner is that only on the ground that the petitioner happens to be owner of the vehicle carrying animals, he has been implicated in the case even though he was not apprehended on the spot. It has been submitted that since the vehicle is a transport vehicle, it can be given on hire and, therefore, it cannot be said the petitioner committed any offence.
Be that as it may, as the allegations disclose that animals were being transported in a cruel manner at the instance of the petitioner for slaughter, the prayer of the petitioner to quash the first information report as against him cannot be accepted.
However, considering 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 :- 30.4.2019 AKShukla/-