Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30404 of 2018 Petitioner :- Shakeel Ahmad @ Shakeel Mirza Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 10.7.2018, registered as case crime No.363 of 2018, under Section 3/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Statiion Kokhraj, District Kaushambi.
Learned counsel for the petitioner submits that the impugned F.I.R. has been challenged by co-accused, namely, Raees Khan and Anil Pal before this Court in Crl. Misc. Writ Petition Nos.19475 of 2018 and 27437 of 2018 respectively in which interim protection was granted to them by thsi Court vide orders dated 23.7.2018 and 1.10.2018, copy of which is annexed as Annexure-3 (at page nos. 30 and 31) to the writ petition, hence the petitioner is also entitled for the same relief.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under Section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
Order Date :- 27.10.2018 AKT