Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16699 of 2019 Petitioner :- Jaiprakash Harizan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Yogesh Kumar Mishra, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 15.05.2019 registered as case crime no.0031 of 2019 u/ss. 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955, PS. Raipur, District Sonebhadra.
Learned counsel for the petitioner submits that though the petitioner was named in the FIR but there is no allegation of slaughtering of the animals and the only allegation is that the petitioner was taking away the animals and he was also stated to be fleeing from the place of occurrence.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Madhurima