Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7246 of 2018 Petitioner :- Kalpnath And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I.
R. dated 27.11.2017 which has been registered as Case Crime No. 0071 of 2017, under Section 3/5A/8 of U.P. Cow Slaughter Act and Section 11 of Prevention of Animals Cruelty Act, 1960, police station Naugarh, district Chandauli so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioner that the petitioners are innocent and have been falsely implicated in the present case. It is further contended that no cutting weapon has been recovered from the possession of the petitioners. It is next contended that there is nothing on record to show that animals were taken for slaughtering. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.
I. R. it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 23.3.2018 KU