Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33931 of 2018 Petitioner :- Humayun Khan Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F.I.R. dated 30.10.2018 registered as Case Crime No.0262 of 2018, under Section 120-B, 307 I.P.C. and Section 11 Animal Cruelty Act, P.S.- Ram Nagar, District- Varanasi.
It is submitted by learned counsel for the petitioner that admittedly no-one has received any injury in the occurrence.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 27.11.2018 Abhishek