Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37576 of 2018 Petitioner :- Mohd. Akil Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prakash Narayan,Alok Ranjan Tripathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Prakash Narayan, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. Dated 9.7.2018 registered as case crime no.0182 of 2018 under Sections 3,5 and 8 of Cow Slaughter Act, 1955, Police Station - Bela District Auraiya.
A perusal of the F.I.R. indicates that in substance, allegation has been made that on the information, raid was conducted on 9.7.2018, two accused persons, Rafiq and Allahrakha were arrested while 12 accused persons managed to escape from the spot. Arrested accused persons informed the names of all the accused which included the name of the petitioner.
Counsel for the petitioner submits that apart from the statement of co-accused, there is no evidence to the connect the petitioner in this case. On the date of incident, petitioner was appearing in a competitive examination in Kanpur.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no.0182 of 2018 under Sections 3,5 and 8 of Cow Slaughter Act, 1955, Police Station - Bela District Auraiya till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.12.2018 aks