Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1686 of 2019 Petitioner :- Nafees @ Bhure Mulla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ansar Ahmad Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Ansar Ahmad, 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 03.06.2018 registered as Case Crime No. 499 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11Gha, Dha, Cha Prevention of Cruelty to Animals Act, Police Station- Friends Colony, District- Etawah.
In the F.I.R. in substance the allegation has been made that on 03.06.2018 on the information of informer when the police party raided at 9:45 p.m. then the accused Naeem @ Bhondu, Riyajuddin, Dildar and Azruddin were arrested alongwith slaughtering articles and one slaughtered cow was also found on the spot. Three accused were able to fled away from the spot. The arrested person disclosed their names as Pappu Mota, Nafees @ Bhure Mulla and Chanda.
Counsel for the petitioner submits that neither the petitioner was arrested on the spot nor any offending article was recovered from the possession of petitioner. The name of petitioner came into light only on the statement of co-accused which is not admissible in evidence.
In view of the fact of present case writ petition is disposed of with the direction that petitioner shall not be arrested in Case Crime No. 499 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11Gha, Dha, Cha Prevention of Cruelty to Animals Act, Police Station- Friends Colony, District- Etawah till the submission of report by Investigating Officer under Section 173(2) Cr.P.C.
Order Date :- 22.1.2019 Sharad/-