Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 7940 of 2018 Petitioner :- Shahid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- G.A.
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
Heard the learned counsel for the petitioner and the learned A.G.A.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 12.04.2017 of case crime no. 0227 of 2017, under Section3/5/8 of UP Prevention of Cow Slaughter Act, Section 11 of Cruelty of Animal Act and Section 482,420,207 IPC, P.S. Sashwan, Budaun.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out. There is no ground for interfering in the F.I.R.
Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the allegations made in the FIR, the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J. 1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not available against him during the investigation or till the submission of police report under section 173(2) Cr.P.C., whichever is earlier.
With the above direction this petition is finally disposed of.
Order Date :- 30.3.2018 Sanjeev