Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2675 of 2019 Petitioner :- Sammi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Preet Pal Singh Rathore Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Preet Pal Singh Rathore for the petitioners and A.G.A. for State of U.P.
This writ petition has been filed for quashing the F.I.R. dated 7.1.2019 (registered as Case Crime No. 09 of 2019), u/s 3/5/8 of Cow Slaughter (Prevention) Act, 1955, P.S. Civil Lines, district Badaun.
In substance, allegation in the F.I.R. has been made that on 7.1.2019, when the police party made a raid at the house of the petitioners, then they fled away from the spot and at their house, 5 kg. beef, one knife, one weighing scale and other instruments were recovered.
Counsel for the petitioners submits that F.I.R. has been lodged on false allegations. It is alleged that the raid was made at 1910 hrs. and it was not possible for the petitioners to flee away from their house. There was no recovery and the recovery is false.
Considering the submissions advanced by counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in pursuance of F.I.R. dated 7.1.2019 (registered as Case Crime No. 09 of 2019), u/s 3/5/8 of Cow Slaughter (Prevention) Act, 1955, P.S. Civil Lines, district Badaun, till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of. Order Date :- 31.1.2019 Jaideep/-