Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7883 of 2018 Petitioner :- Yusuf And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA for the State-respondents and perused the record.
The writ petition under Article 226 of the Constitution of India has been preferred with a prayer to stay the arrest of the petitioners in pursuance of the impugned FIR dated 31.1.2018 bearing Case Crime No. 70 of 2018, under Section 3/5A/8 of Cow Slaughter Act and 11(d) of Prevention of Cruelty to Animals Act, Police Station Gangoh, District Saharanpur.
Learned counsel for the petitioner submits that no case is made out against the petitioner for the offences referred in the first information report.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no.2 Station House Officer not to arrest the petitioners in relation to the FIR referred to above till submission of the police report under Section 173(2) CrPC of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition is disposed of accordingly.
Order Date :- 30.3.2018 Nadim