Aaftab and 5 Others v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 18718 of 2023 Petitioner :- Aaftab And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Samiuzzaman Khan,Mohammad Wadood,Saddam Husain Counsel for Respondent :- G.A. Hon'ble Anjani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard learned counsel for the petitioners and learned AGA for the State-respondents.

¶2This writ petition seeks quashing of the First Information Report dated 17.11.2023 giving rise to Case Crime No.0992 of 2023, under Sections-188 and 429 IPC and Section-11 of the Prevention of Cruelty to Animals Act, 1960, Police Station-Gulariha, District-Gorakhpur.

¶3The only contention raised by learned counsel for the petitioners is that Gulzar, who is the whistle blower has not been made an accused in the impugned FIR.

¶4Video footage, called for vide order dated 02.12.2023, has been produced by learned AGA on a pen drive in a sealed envelope. The sealed envelope was opened and the court has examined the video on the pen drive.

¶5The Investigating Officer who is present has identified several persons in the video. The video clip also reveals that meat was being weighed and sold from a residential house and also a clip of calf being slaughtered.

¶6Under the circumstances, the allegation in the first information report contains the ingredients of a cognizable offence hence same cannot be quashed.

¶7The writ petition is therefore dismissed, without prejudice to the rights of the petitioners to apply for bail/anticipatory bail.

¶8The pen drive containing the video clip is handed over to the learned AGA. Order Date :- 4.12.2023 S.Chaurasia High Court of Judicature at Allahabad