Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7308 of 2018 Petitioner :- Jamiruddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amitabh Kumar Sinha Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Dhananjay Kumar Mishra, learned counsel for the petitioner and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 26.2.2018 bearing Case Crime No. 0048 of 2018 pending investigation at Police Station Shahganj, District Jaunpur pertaining to the offences under Section 307 IPC & 3/5A/8 Cow Slaughter Act and Section 11 Animals Cruelty Prevention Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Shahganj, District Jaunpur not to arrest the petitioner Jamiruddin in the case referred above, till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 27.3.2018 S.S.
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(Ashok Kumar, J.) (Govind Mathur, J.)