Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5059 of 2019 Petitioner :- Mohd. Adil And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pratibha Singh, Ashok Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos.1 and 2; and perused the record.
The instant petition seeks quashing of the FIR dated 04.02.2019 registered as Case Crime No.15 of 2019, under Sections 3/5A/8 Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 307 I.P.C., P.S. Dheena, District Chandauli.
The allegation in the impugned FIR is that police, upon receipt of information that a vehicle was transporting cows for slaughter, tried to intercept the vehicle but the driver of the vehicle tried to overrun the police party. However, somehow, the vehicle stopped after going across the railway line. In between a train arrived and four persons, who were sitting in the vehicle, alighted and escaped. One remained inside and was arrested. The said person disclosed the complicity of remaining four persons, therefore, FIR was lodged against five persons. The complicity of the petitioners have been disclosed in the FIR by the person, who was apprehended on the spot.
Learned counsel for the petitioners submits that petitioners have been falsely implicated and the entire incident, as narrated in the FIR, appears to be highly improbable and concocted, because, if four persons could escape then why the fifth one would have remained inside the vehicle, particularly, when, in between, a train had come which allowed sufficient time to the remaining four to escape .
Be that as it may, as the allegation made in the FIR discloses commission of cognizable offence, we do not consider it appropriate to quash the FIR.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioners' co-operation in the investigation, they shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
The petition stands disposed off. Order Date :- 25.2.2019 Ajeet