Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5233 of 2019 Petitioner :- Mohd Hasan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Sharma Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30.1.2019 registered as Case Crime No. 0028 of 2019, under Sections 3, 5, & 8 Cow Slaughter Act, U.P. and Section 3 and 11 of Animal Cruelty Act, 1861, P.S. Didauli, District Amroha.
The allegations in the impugned first information report is that the accused including petitioner were seen putting cows, etc., in tied condition, for slaughter. One was arrested and the remaining four including the petitioner are stated to have escaped. Instruments of slaughter have been recovered and the petitioner is stated to have absconded from the spot.
The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated and there is no evidence of slaughter.
Be that as it may, the allegations made in the first information report disclose commission of cognizable offence, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.2.2019 Md Faisal