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2025 DAILYLAW 103918 (ALL)

MUKESH KUMAR v. STATE OF U.P. AND ANOTHER

CRLP/22915/2025 · 2025-10-08

Prashant Mishra I, Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22915 of 2025 Court No. - 46 HON'BLE SIDDHARTH, J. HON'BLE PRASHANT MISHRA-I, J. Heard learned counsel for the petitioner and learned AGA for State- respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 16.07.2025 registered as Case Crime No. 159 of 2025, under Section 325 of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Sections 3/5A/8/5B of U.P. Prevention of Cow Slaughter Act and Section 207 of the Motor Vehicles Act, Police Station Bhawarkol, District Ghazipur, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. There is allegation against the petitioner that he was transporting cows illegally. With regard to the allegations made in the F.I.R., investigating officer is investigating the matter. Apart from this case the petitioner has criminal history of one case under the Cow Slaughter Act, which has been explained in paragraph No. 25 of the affidavit filed in support of the petition. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this Versus Counsel for Petitioner(s) : Priya Dubey, Ravi Jha, Sharadey Mishra Counsel for Respondent(s) : G.A. Mukesh Kumar .....Petitioner(s) State of U.P. and Another .....Respondent(s) case within period of 60 days. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. In case of non-cooperation with the police investigation by the petitioner, it shall be open for either of the respondents to file recall application of this order. October 9, 2025 Kashifa CRLP No. 22915 of 2025 2 (Prashant Mishra-I,J.) (Siddharth,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad