Court No. - 25 Case :- MISC. BENCH No. - 6011 of 2010 Petitioner :- Vakil Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Firoz Ahmad Khan Respondent Counsel :- G.A. Along with: Case :- MISC. BENCH No. - 6014 of 2010 Petitioner :- Wahid Ali & Anr. Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Firoz Ahmad Khan Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
Both these petitions i.e. Writ Petition No. 6011 (M/B) of 2010 & 6014
(M/B) of 2010 since arise out of one and same FIR relating to Case
Crime No. 474 of 2010, under Sections 3/5/8 U.P. Prevention of Cow
Slaughter Act, 1955 read with Section 11 Cruelty to Animals Act,
police station Mawai, district Faizabad, as such, are being taken up and
decided together.
We have gone through the contents of the FIR as well as para-11 of the
writ petition.
It has been argued by learned counsel for the petitioners that the
petitioners have been falsely implicated in this case as no beef or any
part of cow-flesh has been recovered from the spot although allegations
made in the FIR are to the effect that the petitioners were going to
slaughter a calf and seeing the police personnel they fled away from the
spot. In para-11 of the petition it has been specifically stated that there
in no criminal history against the petitioners.
In any case, since the FIR discloses commission of cognizable offence,
the same cannot be quashed.
However, considering the allegations of the FIR, which seem to be
trivial in nature, we hereby direct that the petitioners shall not be
arrested in the aforesaid case crime number unless and until cogent and
reliable evidence comes forward against them, provided they cooperate
with the investigation which shall go on.
With the aforesaid observations/directions, the writ petition is disposed
of.
Order Date :- 23.6.2010
Pradeep/-