Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34297 of 2018 Petitioner :- Mohammad Haneef Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. in Case Crime No. 262 of 2018, under Sections 307, 120B I.P.C. and Section 11 Animal Cruelty Act, P.S. Ram Nagar, District Varanasi.
Learned counsel for the petitioner submitted that no one has received any injury in the occurrence.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioner shall not be arrested in 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 :- 28.11.2018 SA