Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34401 of 2018 Petitioner :- Wasim Kaliya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Rajesh Dwivedi, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 3.9.2018 registered as Case Crime No.892 of 2018 under sections 3/5/8 Cow Slaughter Act, P.S. Bhoganipur, District Rama Bai Nagar.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed. Learned counsel for the petitioner has also claimed parity with the order of co-accused Suleman in Crl. Misc. Writ Petition No. 31636 of 2018.
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 petitioners 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 :- 29.11.2018 N.S.Rathour