Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2349 of 2019 Petitioner :- Raj Bali Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Deo Shukla,Amit Kumar Tiwari,Vivek Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos.1, 2, 3 & 4; and perused the record.
The instant petition seeks quashing of the FIR dated 05.01.2019 registered as Case Crime No.0002 of 2019, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1960 and Section 11 Prevention of Cruelty to Animal Act, 1960, Police Station Sayyed Raja, District Chandauli.
The contention of learned counsel for the petitioner is that petitioner is owner of a transport vehicle and holds a valid transport permit. It has been submitted that there is no evidence as regards the involvement of the petitioner in cow slaughter.
Learned A.G.A. has submitted that the FIR discloses commission of cognizable offence, therefore, the same cannot be quashed.
Since the FIR discloses commission of cognizable offence, the complicity of the petitioner would have to be ascertained on the basis of material collected during course of investigation. Hence, prayer of the petitioner to quash the FIR cannot be accepted.
However, looking to the facts of the case, we deem it appropriate to dispose off this petition by observing that investigation shall continue and brought to its logical conclusion but the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C., subject to petitioner's co-operation in the investigation, in the aforesaid case.
The petition stands disposed off. Order Date :- 31.1.2019/Ajeet