Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4543 of 2018 Petitioner :- Niyaz Ahmad Respondent :- State Of U.P. Through Secretary (Home) U.P And 2 Others Counsel for Petitioner :- Dhananjay Kumar Mishra,Amitabh Kumar Sinha Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 22.12.2017 bearing Case Crime No. 768 of 2017 pending investigation at Police Station - Khuthan, District - Jaunpur pertaining to offence punishable under Section 3/5A/8 Cow Slaughter Act and 1 Animals Cruelty Prevention Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 2- Station House Officer not to arrest the petitioner- Niyaz Ahmad in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioner shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 23.2.2018 Rameez .
(Rajiv Lochan Mehrotra,J.) (Govind Mathur,J.)