Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2273 of 2019 Petitioner :- Virendra Yadav Respondent :- State Of U.P. And Another Counsel for Petitioner :- Kameshwar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 28.12.2018 registered as Case Crime No. 153 of 2018 at P.S. Narhi, District Ballia, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act and section 11-D Animal Cruelty Act, 1960.
The allegation in the first information report is in respect of transportation of cow etc. in a cruel manner for the purpose of slaughter.
The contention of the learned counsel for the petitioner is that the petitioner is stated to be a dealer and has not been arrested on spot and his complicity is disclosed on the basis of confessional statement. It has also been submitted that there is no evidence to suggest that animals were being carried out for the purpose of slaughter and the allegations as against the petitioner are absolutely false.
Be that as it may, as the first information report disclose commission of cognizable offence, the matter would have to be investigated and the investigation would have to be brought to its logical conclusion.
However, looking to the nature of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co- operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 31.1.2019 Sunil Kr Tiwari