Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37594 of 2018 Petitioner :- Shahzad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yogendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Yogendra Pal Singh for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 4.12.2018, registered as Case Crime No. 740 of 2018, under Section 3/5A/8 of UP Prevention of Cow Slaughter Act and Section 11 of Animals Cruelty Act, P.S. Inchuli, Distt. Meerut.
In the FIR, the allegation has been made that on 4.12.2018 at 06:00 PM when vehicle UP 15 DT 7302 Mahindra Pick Up was apprehended then two cows were found loaded in it. The driver Israr was arrested on the spot, who stated the name of the petitioner and also stated that cows were transported for slaughtering.
The counsel for the petitioner submits that the petitioner was not arrested from the spot and transpiration of cows is not an offence.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 4.12.2018, registered as Case Crime No. 740 of 2018, under Section 3/5A/8 of UP Prevention of Cow Slaughter Act and Section 11 of Animals Cruelty Act, P.S. Inchuli, Distt. Meerut till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-