Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4810 of 2018 Petitioner :- Vaseem @ Saddam Respondent :- State Of U.P. Through Principal Secretary Home U.P. Shashan Secretariat Lucknow And 3 Others Counsel for Petitioner :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 22.12.2017 bearing Case Crime No. 467 of 2017 pending investigation at Police Station Bhawanpur, District Meerut pertaining to the offences under Section 3/5/8 Cow Slaughter Act.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioner for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Bhawanpur, District Meerut not to arrest the petitioner Vaseem @ Saddam in Case Crime No.467 of 2017 pending investigation at Police Station Bhawanpur, District Meerut pertaining to the offences under Section 3/5/8 Cow Slaughter Act till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 26.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)