Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2200 of 2019 Petitioner :- Islam Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; 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 04.08.2018 registered as Case Crime No.951 of 2018, under Section 3/5/8 of Cow Slaughter Act, P.S. Baghpat, District Baghpat.
The allegation in the first information report is that a beheaded cow was found near PWD Guest House at Delhi-Saharanpur Road. The first information report was lodged against unknown persons.
The contention of the learned counsel for the petitioner is that without any credible information, the police is unnecessarily harassing the petitioner.
Looking to the facts of the case as also that the body of cow was not found in the house or premises of any particular person but in front of PWD Guest House, we deem it appropriate to dispose off this petition by providing that the investigation may go on and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till collection of credible evidence/information against the petitioner or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier.
Order Date :- 29.1.2019 AKShukla/-