Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4905 of 2019 Petitioner :- Juliya @ Mehrazuddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the 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 01.12.2018 registered as Case Crime No. 511 of 2018, under Sections 3/5A/8 Cows Slaughter Act and section 11 Animal Cruelty Act, P.S. Hayatnagar, District Sambhal.
The allegation in the first information report is with regard to transportation of cows, etc. in a cruel manner. Five persons have been named accused, two were apprehended and three are stated to have absconded. The complicity of the petitioner is disclosed in the confessional statement of co-accused. The petitioner is one of those three accused who are stated to have escaped.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated and that he has not been apprehended on spot and therefore the aforesaid first information report is liable to be quashed.
On the above contentions, the prayer of the petitioner to quash the first information report is not acceptable.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C..
The petition stands disposed off. Order Date :- 22.2.2019 Sunil Kr Tiwari