Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2708 of 2019 Petitioner :- Imami Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Hasham,Syed Faiz Hasnain Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mohd. Hasham, for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 12.12.2018, registered as Case Crime No.0455 of 2018, under Sections 3/5/8 Cow Slaughter Act, P.S. Asmauli, district Bheem Nagar.
In the F.I.R. the allegation has been made that on 12.12.2018 at 5-30 P.M. when the police made a raid in the field of sugarcane then one Ramjani was arrested and three persons who were engaged in cow slaughter fled away from the spot. On the spot, 80 kg beef, one head of the cow, four legs with hair, one red cow skin, weapons for cow slaughtering, a block of wood, a weighing machine, 1 kg measurement and polythene were recovered.
The counsel for the petitioner submits that the petitioner was not arrested on the spot. Apart from the statement of accused Ramjani there is no material to connect the petitioner to the aforesaid offence.
In the fact of the case, the writ petition is disposed of with the direction that the petitioner shall not be arrested in Case Crime No.No.0455 of 2018, under Sections 3/5/8 Cow Slaughter Act, P.S. Asmauli, district Bheem Nagar, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.1.2019 mt