Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25664 of 2018 Petitioner :- Nanhey Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manu Srivastava, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 9.8.2018, registered as Case Crime No.363 of 2018, u/s 3/5A/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Sindhauli, district Shahjahanpur.
Learned counsel for the petitioner submits that petitioner is an agriculturist. The calf in question belongs to the petitioner which he was taking to the fields for grazing, the said fact is mentioned in para no.10 of the present petition. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 17.9.2018 Gaurav