Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37570 of 2018 Petitioner :- Mujammil Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Krishna Chandra Pandey, learned counsel for petitioner and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 10.11.2018 registered as Case Crime No. 0249 of 2018, under Section 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Padari, District- Mirzapur.
In the F.I.R. in substance the allegation has been made that in the night of 10.11.2018 when the vehicle DCM was apprehended by the police party then 14 bovine animals were found tiding with each other. The persons in the vehicle were fled away taking the advantage of darkness.
Counsel for the petitioner submits that petitioner is not named in F.I.R. Petitioner is the owner of that vehicle in which 14 bovine animals were found. Only on the basis of transportation of that vehicle, present F.I.R. has been lodged against petitioner.
In view of the fact of present case writ petition is disposed of with the direction that petitioners shall not be arrested in Case Crime No. 0249 of 2018, under Section 3/5A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Padari, District- Mirzapur. till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018
Sharad/-