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2025 DAILYLAW 11042 (ALL)

MUZAMMIL AND 4 OTHERES v. STATE OF UP AND 3 OTHERS

CRLP/1544/2025 · 2025-02-14

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21454-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 1544 of 2025 Petitioner :- Muzammil And 4 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners and Ms. Divya Ojha, learned A.G.A.-I for the State respondents. 2. The relief sought in this petition is for quashing of the F.I.R. dated 08.01.2025 registered as Case Crime No.17 of 2025 under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act at Police Station Kant, District Shahjahanpur. Further prayer has been made not to arrest the petitioners in the aforesaid case. 3. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence. Even the sample, which was recovered, was sent to the laboratory and the same relates to cow. 4. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, 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. 5. Therefore, the writ petition is disposed of leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. Order Date :- 14.2.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad