Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10710 of 2019 Petitioner :- Tanveer Quraishi Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sushil Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Sushil Kumar Pandey, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 14.4.2019 registered as Case Crime 209 of 2019 under section 3/5/8 Cow Slaughter Act, P.S. Kairana, District- Shamli.
It is submitted by learned counsel for the petitioner that the impugned FIR has malafidely motivated coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioner's complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 25.4.2019 Fhd.