Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37550 of 2018 Petitioner :- Nandu Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Vinod Kumar Tripathi, for the petitioner and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 25.10.2017, registered as Case Crime No.0998 of 2017, under Sections 4/5/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Kotwali City district Bijnor.
In substance, the allegation has been made in the F.I.R. that on 25.10.2017 when a raid was made then Ishrat was arrested with 40 kg beef and other materials. Two persons were able to flee away from the spot. From the statment of Ishrat name of the petitioner was disclosed.
The counsel for the petitioner submits that apart from the disclosure statement of coaccused there is no evidence to connect the petitioner to the aforesaid offence.
In the fact of the case, the writ petition is disposed of directing that the petitioner shall not be arrested in Case Crime No.0998 of 2017, under Sections 4/5/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Kotwali City district Bijnor, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 mt