Mozim Khan and Another v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16109 of 2023 Petitioner :- Mozim Khan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Abid Ali Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Shri Mohammad Abid Ali, learned counsel for the petitioners and Shri Ratan Singh, learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated

27.08.2023, registered as Case Crime No. 257 of 2023, under Sections 3/5A/8 of Cow Slaughter Act and Section 11 Animal Cruelty Act, 1960, Police Station Sheeshgarh, District Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶3Submission of learned counsel for the petitioner is that petitioner has no concern with the offence as alleged in the FIR and he was not found on the spot and false recovery of live calf has been shown and on the basis of confessional statement of co-accused Asif Khan and Mohd. Kaif, the petitioners have been named in the FIR with malafide intention.

¶4Per contra, learned AGA submits that persons arrested on spot named the petitioners and recovery was also made as such cognizable offence has been made out.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7The present petition is dismissed. Order Date :- 19.10.2023 Ujjawal High Court of Judicature at Allahabad