Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37269 of 2018 Petitioner :- Imran Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Irshad Ahmad, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 24.11.2018 registered as case crime no. 0658 of 2018 under Sections 3/5/8 U.P. Cow Slaughter Act,1955, Police Station -Munda Pandey, District Moradabad.
In the F.I.R., in substance, allegation has been made that 23.11.2018, when the police was checking the vehicles, Vehicle No.U.P.21BN5827 Bulero Pickup loaded with 2 kuntal 50 Kg of Beefs was apprehended. Driver of the said vehicle and two persons were able to escape from the spot. Thus, F.I.R., discloses cognizable offence and as such, it is not liable to be quashed.
Counsel for the petitioner submits that the petitioner is not named in the F.I.R. but the police is illegally harassing him.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 0658 of 2018 under Sections 3/5/8 U.P. Cow Slaughter Act,1955, Police Station -Munda Pandey, District Moradabad till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 aks