Court No. - 20 Case :- MISC. BENCH No. - 6736 of 2010 Petitioner :- Bhoora Alias Faheemulla Respondent :- State Of U.P.Through Secy. Home U.P.Govt. Civil Sectt. Lko. Petitioner Counsel :- D.P.Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
This petition under Article 226 of the Constitution of India has been
filed by the petitioner for quashing the impugned F.I.R. dated
04.04.2010 registered as Case Crime No. 232 of 2010 under Section 11
of Animals Cruelty (Prevention) Act and 3/5/8 of Cow Slaughter
(Prevention) Act, Police Station Sandi district Hardoi and also for
direction to the opposite parties not to arrest the petitioner in pursuance
to the said impugned F.I.R.
The submission of the learned counsel for the petitioner is that the
petitioner is said to be driver of the truck, which is ceased by the police.
The petitioner was not arrested by the police on the spot and there is no
evidence against him except confessional statement of co-accused.
Therefore, the petitioner deserves to be protection.
We have gone through the contents of FIR, which disclose commission
of cognizable offence, as such, the same cannot be quashed.
The petition is, therfore, dismissed.
Keeping, in view the facts and circumstances of the case, it is provided
that in case the petitioners appear before the court concerned and move
any bail application, the same will be disposed of by the courts below
expeditiously.
Order Date :- 20.7.2010
Amit