Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30325 of 2018 Petitioner :- Manvvar Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Rai Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the FIR dated 14.9.2018 as Case Crime No. 604 of 2018, under sections 3,5, & 8 of the U.P. Prevention of Cow Slaughter Act, 1955 & section 273 IPC, P.S. Partapur, District Meerut.
It is contended by learned counsel for the petitioner that neither the petitioner has been arrested on the spot nor any beef has been recovered from his possession.
From the perusal of the FIR, it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the FIR. Therefore, the prayer for quashing the impugned FIR is refused.
However, considering the nature of the allegation made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in the above mentioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 26.10.2018 RPD