Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2553 of 2019 Petitioner :- Maseet Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 10.01.2019 registered as Case Crime No. 0005 of 2019 at P.S. Dilari, District-Moradabad, under Sections 3/5/8 of Cow Slaughter Act.
The contention of the learned counsel for the petitioner is that the petitioner along with others have been falsely implicated by alleging that they have indulged in cow slaughter. It has been stated that except 10 kg meat nothing else could be recovered to suggest that there had been cow slaughter and that the meat was beef.
The prayer to quash the first information report cannot be accepted because the allegation disclose commission of cognizable offence.
However, looking to the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation may continue and be brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173 (2) Cr.P.C., subject to co-operation of the petitioner in the investigation.
Order Date :- 31.1.2019 Sunil Kr Tiwari