Hon'ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
Both these petitions i.e. Writ Petition No. 6011 (M/B) of 2010 & 6014 (M/B) of 2010 since arise out of one and same FIR relating to Case Crime No. 474 of 2010, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955 read with Section 11 Cruelty to Animals Act, police station Mawai, district Faizabad, as such, are being taken up and decided together.
We have gone through the contents of the FIR as well as para-11 of the writ petition.
It has been argued by learned counsel for the petitioners that the petitioners have been falsely implicated in this case as no beef or any part of cow-flesh has been recovered from the spot although allegations made in the FIR are to the effect that the petitioners were going to slaughter a calf and seeing the police personnel they fled away from the spot. In para-11 of the petition it has been specifically stated that there in no criminal history against the petitioners. In any case, since the FIR discloses commission of cognizable offence, the same cannot be quashed.
However, considering the allegations of the FIR, which seem to be trivial in nature, we hereby direct that the petitioners shall not be arrested in the aforesaid case crime number unless and until cogent and reliable evidence comes forward against them, provided they cooperate with the investigation which shall go on.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 23.6.2010 Pradeep/-