Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2721 of 2019 Petitioner :- Saabu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 6.12.2018 registered as Case Crime No.0577 of 2018 under sections 307 I.P.C, P.S.-Sambhal, District-Bheem Nagar.
It is submitted by the learned counsel for the petitioner that the police registered a case bearing Case Crime No. 0579 of 2018 under Section 3/5A/8, 5 of Cow Slaughter (Prevention) Act and in the same transaction another case as Crime No. 570 of 2018 under Section 307 I.P.C. at the same police station involving firing at the police party was registered, which is a case of no injury, FIR is malafidely motivated and the same be quashed.
Learned A.G.A. has rightly submitted that on above ground FIR cannot be quashed as offence is heinous and cognizable and investigation is pending.
The writ petition is, accordingly, dismissed.
Order Date :- 31.1.2019 Fhd.