Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2545 of 2019 Petitioner :- Mustafa And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1, 2, 3 and 4; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 2.1.2019 registered as Case Crime No. 0002 of 2019, under Sections 3, 5, 8 of U.P. Cow Slaughter Act, 1955 P.S. Dilaari, District Moradabad.
The allegations in the First Information Report is that upon receipt of information the police party visited the site and in the torch light they spotted the accused including the petitioners, who, taking advantage of the darkness, escaped but the police recovered 140 Kg. of beef and other body parts alongwith instruments of slaughter suggesting that cow had been slaughtered by the accused persons.
The learned counsel for the petitioners has submitted that the petitioner has been falsely implicated and that there was no occasion not to effect the arrest of the petitioner if they were seen on the spot.
The aforesaid contention cannot be accepted in writ jurisdiction although it may be a ground for seeking bail. As the First Information discloses commission of cognizable offence, no case to quash the First Information Report is made out.
The petition is dismissed.
Order Date :- 31.1.2019/Md Faisal