Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7532 of 2018 Petitioner :- Tasawwar And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Sunil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioners in pursuance of the impugned F.I.R. dated 17.02.2018, which has been registered as Case Crime No. 0088 of 2018, under Sections 3/5/8 of Cow Slaughter Act and Section 307 IPC, Police Station Kairana, District Shamli.
It is contended by learned counsel for the petitioners that the police has lodged a false and frivolous FIR against the petitioners due to village partibandi .
It is next contended by learned counsel that the petitioners have never been involved in such activities and the police has falsely implicated the petitioners in the present case due to ulterior motive.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out, hence, the impugned F.I.R. is not liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 28.3.2018 Nadim