Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37283 of 2018 Petitioner :- Shaqeel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Manish Joshi for the petitioner and AGA for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 7.12.2018, registered as Case Crime No.296 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Dilari, district Moradabad.
A perusal of the F.I.R. shows that when on the information received, the police party made raid at house of the petitioner on 7.10.2018 at 00-30 hours then nobody could be arrested from the spot but 100 kg beef, one weighing machine and two knives were recovered from there.
The counsel for the petitioner submits that the petitioner was not arrested on the spot and has been falsely implicated in this case.
In the fact of the case the writ petition is disposed of directing that the petitioner shall not be arrested in Case Crime No.296 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Dilari, district Moradabad, till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 19.12.2018 mt