Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25740 of 2019 Petitioner :- Kashim And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the FIR dated 27.11.2019 registered as Case Crime No. 504 of 2019, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act, Police Station Didoli, District J.P. Nagar with a further prayer, not to arrest the petitioners in pursuance of the first information report.
As per the FIR, on 21.11.2019 the police received information that some person are transporting cow meat in a white colour Indica car from Budanpur to Mudhaima. On this information the police party reached the spot and found the said car coming from Budanpur. The police party tried to stop the said vehicle but the driver tried to run away with the vehicle but due to narrow passage he could not turn the vehicle and had to stop the vehicle. The accused persons started running from the spot but the police party apprehended Nafeesh, Sameer and Liyaqat on the spot while three other accused persons made good their escape. On search of the vehicle 35 Kgs of cow meat in yellow colour and two knives were recovered. The apprehended persons disclosed the same of other three co-accused as Kasim, Nazim and Haroon.
The submission of the learned counsel for the petitioners is that petitioners were not arrested on the spot and their name has been disclosed by the other accused persons who were arrested on the spot by the police. It is contended that the petitioners have been falsely implicated in the present case only on the statement of the other accused persons who were arrested on the spot. It is further contended that nothing has been recovered from the possession of the petitioners. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations. It is also submitted that cow meat and the knives has been recovered by the police and the name of the petitioners has been disclosed by the other accused persons who were arrested on the spot, hence, the complicity of the petitioners in the crime cannot be ruled out at this stage.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 18.12.2019 Kirti