Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37587 of 2018 Petitioner :- Tanveer @ Neta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Faizur Rahman Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Faizur Rahman for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 3.9.2018 registered as Case Crime No. 0892 of 2018, under Sections 3, 5, 8 of Prevention of Cows Slaughter Act, P.S. Bhognipur, Distt. Ramabai Nagar.
A perusal of the FIR indicates that the allegation has been made that on 2.9.2018 when the police party raided then three persons were found slaughtering the cows. On seeing the police party, all the three persons were fled away from the spot. From the spot slaughtering weapon as well as 400 Kg beef and four legs of cow were recovered.
The counsel for the petitioner submits that name of the petitioner has been mentioned in the FIR only on the basis of police informer. The petitioner was not arrested on spot.
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 3.9.2018 registered as Case Crime No. 0892 of 2018, under Sections 3, 5, 8 of Prevention of Cows Slaughter Act, P.S. Bhognipur, Distt. Ramabai Nagar, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.12.2018 Rahul /-