Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26663 of 2018 Petitioner :- Mohammad Javed Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Amit Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioners,Sri G.P.Singh, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 15.9.2018, registered as case crime No.370 of 2018, under Sections 268, 269, 270, 414, 429, 120-B I.P.C. and Section 11 of Prevention of Cruelty to Animal Act, P.S. Kotwali Nagar, District Aligarh.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention for ulterior motive. He further submitted that the petitioner is having a valid licence of the dry guts go-down which has been issued by the Nagar Nigam, Aligarh on 1.4.2018, copy of which is annexed at page-26 of the writ petition. He further argued that the said licence has been issued by the competent authority in pursuance of the order of a Coordinate Bench of this Court dated 17.11.2017 passed in Writ-C No.54646 of 2017, copy of which is annexed at page-31 of the writ petition. The petitioner is not indulged in any illegal activities nor he is involved in black-marketing of animals in any manner. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 25.9.2018/NS