Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10490 of 2018 Petitioner :- Rabbani Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Krishna Dutt Tiwari, learned counsel for the petitioner and Sri Narendra Kumar Tiwari, learned brief holder for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 09.04.2018, arising out of FIR No. 107 of 2018, under Section 3/5/8 Cow Slaughter Act, 11 Animal Cruelty Act, Police Station Kunderki, District Moradabad.
Learned counsel for the petitioners submits that neither petitioner was slaughtering the cow nor any equipment of slaughtering has been recovered from their possession. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence the same be quashed.
Learned AGA opposed the prayer for quashing of the FIR which discloses the cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 VKG