Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23000 of 2018 Petitioner :- Kaluwa Alias Imran (Minor) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Mohammad Waseem, learned counsel for the petitioner, 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 13.6.2018 registered as case crime no. 316 of 2018 under sections 3/5-A/8 of U.P. Cows Slaughter Act, Police Station- Faridpur, District Bareily.
Learned counsel for the petitioner submits that the petitioner is a minor boy and as per Adhar Card produced as Annexure-2 to the petition. It is further contended that the petitioner is innocent having no criminal history and the present FIR has been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
It is made clear the case of the petitioner is distinguishable from the other accused person.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018 Deepika