Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 5197 of 2018 Petitioner :- Mustakeem And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 30.01.2018 bearing Case Crime No. 033 of 2018 pending investigation at Police Station- Mundapandey, District-Moradabad pertaining to the offences under Sections 3/5/8 Cow Slaughter Act.
Learned counsel for the petitioners submits that no case is made out against the petitioners with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct the respondent Station House Officer, Police Station- Mundapandey, District-Moradabad not to arrest the petitioners namely Mustakeem and Rafedeen in relation to the first information report referred above till filing of police report as per Sub-section (2) of Section 173 of Cr.P.C. The petitioners shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 28.2.2018 Ashutosh (Ashok Kumar,J.) (Vikram Nath,J.)