Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10486 of 2018 Petitioner :- Mudassir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Tomar,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Virendra Singh Tomar, learned counsel for the petitioner Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 11.03.2018 registered as Case Crime No. 44 of 2018, under Sections 3/5/8 of U.P. Cow Slaughtering (Prevention) Act, 1955, Police station Kakrauli, District Muzaffar Nagar.
Learned counsel for the petitioner submits that neither petitioner was slaughtering the cow nor any equipment of slaughtering has been recovered from their possession. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence the same be quashed.
Learned counsel for the petitioner submits that co-accused persons of the present case have earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition Nos. 7138 of 2018 and 7006 of 2018 in which interim protection has been granted in their favour by coordinate Bench of this Court on 23.03.2018 and 22.03.2018, hence the petitioner is also entitled for the same relief, copy of the same is annexed on page 18 and 18-A of the present petition.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 24.4.2018 VKG