Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5205 of 2019 Petitioner :- Sartaj And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; 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 28.01.2019 registered as Case Crime No.30 of 2019, under Section 3/5/8 Cow Slaughter Act, P.S. Katra, District Shahjahanpur.
The allegation in the first information report discloses that upon information that cow was being slaughtered, the police party visited the spot and found five persons sitting there and cutting meat pieces. Two persons were filling meat pieces in plastic bag and, upon seeing police party, they escaped. It is alleged that the police was able to identify those five persons. Three of them are the petitioners.
The contention of the learned counsel for the petitioners is that it is a case of false implication because the elder brother of the petitioner no.1 had lodged a complaint against police personnel on which, by order dated 22.09.2012, passed by the Chief Judicial Magistrate, Shahjahanpur, the members of the police force, concerning the same police station, were summoned for offences punishable under Sections 323, 504, 506, 356 IPC.
The aforesaid contention cannot be accepted at this stage for the purpose of quashing the first information report because there is recovery of meat pieces as also skin etc. and therefore the prayer of the petitioners to quash the first information report cannot be accepted and is accordingly 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' cooperation in the investigation, they 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 AKShukla/-