Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37532 of 2018 Petitioner :- Raies Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Manish Joshi, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. Dated 20.11.2018 registered as case crime no. 498 of 2018 under Sections3/5/8 of Cow Slaughter Act and 11 of Cruelty to Animals Act, Police Station -Bhojpur, District Moradabad.
A perusal of the F.I.R. indicates that in substance,allegation has been made that on 20.11.2018 at about 12.30 P.M.when the police party raided on the place of occurrence then five persons, who were slaughtering cows, ran away from the spot and beef containing 2.5 kuntal in three bags was recovered from the spot.The names of four persons, who fled away from the spot were Musqueem, Azim, Naiyam, Rais and there were two unknown persons, who ran also away from the spot along with them..The F.I.R. thus, discloses cognizable offence, as such, it is not liable to be quashed.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 498 of 2018 under Sections3/5/8 of Cow Slaughter Act and 11 of Cruelty to Animals Act, Police Station -Bhojpur, District Moradabad till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 aks