Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 4757 of 2019 Petitioner :- Mohammad Mumtaz Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mir Sayed,Abdul Saleem Ahamad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 1.1.2019 registered as Case Crime No. 0003 of 2019, under Section 3/5A/8 of UP Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, P.S. Iliya, Distt. Chandauli.
In substance, in the FIR the allegation has been made that on 1.1.2019 when the police party came to village Malda then they found that a mini truck of white color (Bharat Benz) Chassis no. MECO423AAJP025908 has caused an accident and in the vehicle 08 cows were alive and 02 cows were dead. No body was arrested from the spot. The informant of the accident case namely Chhotu informed that the vehicle was being driven by Sheru son of Faisal Ansai, resident of Shivrampur, P.S. Chand, Distt. Bhabhua Kaimur (Bihar) and one person was sitting on the conductor seat but he was fled away from the spot.
The counsel for the petitioner submits that on the basis of suspicion the petitioner is being harassed by the police. Actually the petitioner is doing his business by putting a thela in the locality where the accident had taken place.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of FIR dated 1.1.2019 registered as Case Crime No. 0003 of 2019, under Section 3/5A/8 of UP Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, 1960, P.S. Iliya, Distt. Chandauli, till submission of police report under Section 173 (2) Cr P C, subject to his extending full cooperation during investigation. The writ petition is disposed of.
Order Date :- 21.2.2019 Rahul Dwivedi/-