Santosh Rajbhar v. State of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8353 of 2023 Petitioner :- Santosh Rajbhar Respondent :- State Of U.P. Thru. Prin. Secy. Home, U.P. Govt. Lucknow And Others Counsel for Petitioner :- Farooq Ayoob Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the petitioner and learned A.G.A. for the State Respondents.

¶2This writ petition has been filed with the following main prayers:- "i. A writ, order or direction in the nature of CERTIORARI be issued quashing the impugned FIR related to Case Crime No. 0176/2023, U/S-3/5A/8 Cow Slaughter Act & 420, 467, 468, 471 I.P.C. & 11 Animal Cruelty Act at police station-Haidergah, District-Barabanki contained as ANNEXURE NO. 1 to this writ petition. ii. Writ, order or direction in the nature of MANDAMUS be issued commanding the opp. party not to arrest the petitioner on the basis of the impugned FIR registered by Opp. Party no.4, in Case Crime No. 0176/2023, U/S-3/5A/8 Cow Slaughter Act & 420, 467, 468, 471 I.P.C. & 11 Animal Cruelty Act at police station-Haidergarh, District Barabanki, contained in ANNEXURE NO.1 writ petition."

¶3It has been submitted by learned counsel for the petitioner that the petitioner was not caught on the spot in the alleged raid carried out by the police personnel, his name has come to light during the course of investigation and regarding the confessional statement of co-accused.

¶4This Court has gone through the F.I.R. which contains detailed reference of the cruelty to the cows and its progeny being carried out by the petitioner and other accused persons.

¶5This writ petition is dismissed. Order Date :- 30.10.2023 Darpan Sharma High Court of Judicature at Allahabad, Lucknow Bench