Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5218 of 2019 Petitioner :- Roshan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 13.02.2019 registered as Case Crime No. 0037 of 2019, under Sections 147, 148, 149, 332, 353, 341, 504, 506, 395 I.P.C.; section 7 Criminal Law Amendment Act; section 3/5/8 Cow Slaughter Act; section 4/25 Arms Act; and section 11 Animal Cruelty Act, P.S. Machhlishar, District Jaunpur.
The allegations made in the first information report discloses commission of cognizable offences and in so far as the petitioners are concerned, it is alleged that they created hurdle in police action and threw brick bat, etc.
The contention of the learned counsel for the petitioners is that the petitioners are all household ladies and they have been falsely implicated; that FIR names 22 persons and discloses participation of a large mass of persons running to about 150 in number, with no specific allegation against the petitioners.
Be that as it may, since the correctness of the allegations is to be tested on the basis of material collected during the course of investigation and the evidence led in trial, the prayer of the petitioners to quash the first information report is rejected.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 26.2.2019 Sunil Kr Tiwari