Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1424 of 2019 Petitioner :- Sharaft Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Waseem Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Mohammad Waseem, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 9.12.2018 registered as case crime no. 0616 of 2018 under Sections 3/5/8 of U.P. Cows Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, 1960, Police Station - Nawabganj, District Bareilly.
In the F.I.R., allegation has been made that on the information of the informer, police party raided the spot and from the spot they found two bullocks, whose mouth and legs were tied. Thus the F.I.R. disclosed cognizable offence, as such , it is no liable to be quashed.
Counsel for the petitioner submits that it is admitted that the petitioner is using using bullocks for cultivation purpose. He further submits that F.I.R. has been lodged on the false allegation.
In view of the facts of present case, writ petition is disposed of finally with the direction that the petitioner shall not be arrested in case crime no. 0616 of 2018 under Sections 3/5/8 of U.P. Cows Slaughter Act and Section 11 of Prevention of Animal Cruelty Act, 1960, Police Station - Nawabganj, District Bareilly till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.1.2019 aks