Court No. - 25 Case :- MISC. BENCH No. - 352 of 2010 Petitioner :- Gobarey S/O Chinku Respondent :- State Of U.P. Thru Secy. Home & Ors. Petitioner Counsel :- Pawan Kumar Mishra Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
1586 of 2009, under Section 5/8 Prevention of Cow Slaughter Act, 1955,
police station Ikauna, district Shravasti.
We have gone through the FIR. It comes out that one person, namley, Saleem
was arrested while he was trying to slaughter a cow along with the petitioner,
but the petitioner seeing police party fled away from the spot.
Argument advanced by the learned counsel for the petitioner is that the
petitioner has been roped in merely on the basis of statement of co-accused,
but it will not suffice to quash the FIR since it discloses commission of
cognizable offence.
However, we dispose of the writ petition finally with a direction that if the
petitioner surrenders and moves application for bail, the same shall be
considered and disposed of by the courts below expeditiously.
Order Date :- 19.1.2010
Chauhan/-