Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38027 of 2018
Petitioner :- Siddique And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Irshad Ahmad, learned counsel for the petitioners, Sri Pawan Shukla, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 1.12.2018 registered as Case Crime No. 675 of 2018 under sections 3/5/8 U.P. Cow Slaughter Act & 11 Animal Cruelty At, police station Munda Pandey, District Moradabad.
Learned counsel for the petitioners submits that there is no allegation of slaughtering against the petitioners as there was only allegation against them is that they were carrying the animals. They have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against them, hence the present F.I.R. is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
The writ petition is, accordingly, dismissed.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.12.2018 Shiraz