Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5492 of 2019 Petitioner :- Nadeem Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned AGA for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the first information report dated 19.2.2019 registered as Case Crime No. 0037 of 2019, under Sections 3/5/8 of Cow Slaughter Act, police station Chajlet, District Moradabad.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily harassed at the behest of the complainant. No incriminating articles have been recovered at the instance of the petitioner. The petitioner has been roped in the present case at the inkling and connivance of the sympathizer of police personnel as he could not grease their palm. There is no independent witness to support the prosecution case. It is further submitted by the learned counsel for the petitioner that the entire prosecution story is the outcome of personal grudge of the respondent no 4. There is nothing on record to substantiate the allegation made against the petitioner rather it reflects the manoeuvring on the part of the respondent no. 4. Therefore, the first information report so lodged by the respondent no. 4 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioner. The innocence of the petitioner cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 28.2.2019 Shahnawaz