Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37560 of 2018 Petitioner :- Mohd. Yamin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devesh Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Devesh Kumar Shukla, 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 8.12.2018 registered as case crime no. 0477 of 2018 under Sections 268,269,270,414,429,120B I.P.C., and Section 11 of Prevention of Animals from Cruelty Act, 1960, Police Station -Kotwali, District Aligarh.
A perusal of the F.I.R. indicates that in substance, allegation has been made that on 8.12.2018, during checking, four empty drums plastic, two plastic drums cut , one set Generator, One start, one cycle, one iron door, one glinder machine etc., were recovered. F.I.R. thus, disclosed cognizable offence, as such, it is not liable to be quashed.
Counsel for the petitioner submits that the firm of the petitioner has been registered under G.S.T. and registration number has been issued on 5.9.2018 by the Superintendent, G.S.T. The matter seized and recovered is the same material which has been purchased from G.S.T registered firm. The petitioner has committed no illegality.
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. 0477 of 2018 under Sections 268,269,270,414,429,120B I.P.C., and Section 11 of Prevention of Animals from Cruelty Act, 1960, Police Station -Kotwali, District Aligarh till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 aks