Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2201 of 2019 Petitioner :- Jawahir And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahroze Khan 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 04.12.2018 registered as Case Crime No.351 of 2018, under Section 3/5-A/8 of the Cow Slaughter Act, and Section 11 of the Prevention of Animals to Cruelty Act, P.S. Siddharth Nagar, District Siddharth Nagar.
The contention of the learned counsel for the petitioners is that there is no evidence of cow slaughter and it appears that animals were being taken for grazing when they were apprehended and false first information information report was lodged by alleging that they were being taken in a cruel manner for slaughter across the border in Nepal.
As it is alleged that the animals were being taken in a cruel manner to cross border for slaughter in Nepal, the first information report cannot be quashed. However, looking to the facts of the case as also that there is no evidence of slaughter, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 29.1.2019 AKShukla/-