Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5043 of 2018 Petitioner :- Sadab Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner and Sri Sagir Ahmad, learned A.G.A. representing the respondent nos.1 and 2.
Challenge in the writ petition is to the first information report dated 31.01.2018 lodged by the respondent no.3 with Police Station Jahanabad district Fatehpur giving rise to Case Crime No.016 of 2018 under Sections 3/5/8 of Cow Slaughter Prevention Act and 7 Criminal Law Amendment Act and 4/25 of Arms Act.
A perusal of the first information report clearly goes to show that the same discloses the commission of cognizable offences as such the prayer for quashing of the first information report as prayed for can not be granted.
In view of the above as the first information report impugned can not be quashed we are therefore not inclined to exercise our jurisdiction under Article 226 of the Constitution of India.
The writ petition fails and is accordingly dismissed.
Order Date :- 28.2.2018 R./