Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7663 of 2018 Petitioner :- Nadeem Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harsh Kumar Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition for writ is before us with a prayer to quash the first information report dated 03.11.2017 bearing Case Crime No. 0652 of 2017 pending investigation at Police Station Nakhasa, District Bheem Nagar/ Sambhal pertaining to the offences under Sections 3/8 of Cow Slaughter Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner 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 Nakhasa, District Bheem Nagar/ Sambhal not to arrest the petitioner- Nadeem 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 petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 29.3.2018 SK Srivastava .
(Ashok Kumar,J.) (Govind Mathur,J.)