Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7138 of 2018 Petitioner :- Irshad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vinod Kumar Tripathi, Manoj Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Neeraj Tiwari,J.
Heard Sri Vinod Kumar Tripathi, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 44 of 2018 pending investigation at Police Station Kakrauli, District Muzaffar Nagar pertaining to offence punishable under Section 3/5/8 Cow Slaughter Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 2-Station House Officer, Police Station Kakrauli, District Muzaffar Nagar not to arrest the petitioner-Irshad in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.3.2018 Shubham .
(Neeraj Tiwari,J.) (Govind Mathur,J.)