Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7307 of 2018 Petitioner :- Kasa And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav,Mohit Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 13.03.2018 bearing Case Crime No. 185 of 2018 pending investigation at Police Station Gangoh, District Saharanpur pertaining to the offences under Sections 3,5,8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 (Gha) Prevention of Cruelty to Animals Act, 1960.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station Gangoh, District Saharanpur not to arrest the petitioners namely Kasa, Billu, Kamali, Shariq and Wasid in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)