Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7862 of 2018 Petitioner :- Ram Bachan Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Learned counsel for the petitioner submits that due to some inadvertence, a provision has been wrongly mentioned in the petition for writ and that requires correction.
Learned counsel for the petitioner is permitted to make necessary correction in the petition for writ. Correction has been made before us.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioner, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of Constitution of India is preferred with a prayer to quash the first information report bearing Case Crime No. 71 of 2017 pending investigation at Police Station Naugarh, District Chandauli pertaining to offence punishable under Sections 3/5A/8 Prevention of Cow Slaughter Act read with Section 11 of the Prevention of Cruelty to Animal Act.
Learned counsel for the petitioner submits that no case is made out against the petitioner with regard to allegations contained in the first information report.
A perusal of the first information report discloses commission of an offence cognizable that certainly demands investigation.
In view of it, we do not find any just reason to quash the first information report impugned. However, having considered all facts of the case and the surrounding circumstances, we deem it appropriate to direct respondent No. 2-Station House Officer, Police Station Naugarh, District Chandauli not to arrest the petitioner-Ram Bachan Yadav in relation to the first information report referred above till filing of police report as per sub-Section (2) of Section 173 of Cr.P.C. The petitioner shall cooperate the Investigating Agency during course of investigation.
The writ petition stands disposed of accordingly.
Order Date :- 30.3.2018 Shubham .
(Ashok Kumar,J.) (Govind Mathur,J.)