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2025:UHC:8868
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Writ Petition No.1187 of 2025 Soyab @ Suhaib (Minor)
....Petitioner Vs. State of Uttarakhand & Another
...Respondents Presence: Mr. Bilal Ahmed, learned counsel for the petitioner. Mr. Vipul Painuly, learned AGA for the State. Hon’ble Ashish Naithani, J.
1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India for quashing the impugned FIR dated 06.05.2025 registered as Case Crime No.152 of 2025 under Section 3, 5 read with Section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007 registered at P.S. Bhagwanpur, District Haridwar. Further prayer has been made commanding the respondents not to arrest the petitioner in connection with aforesaid Case Crime number till the pendency of present petition. 2. As per the First Information Report, the police party received an information on 06.05.2025 that Soyab @ Shuaib (present applicant) and other co-accused slaughtered a cow and going to sell it. At around 12:50 p.m., the police party saw that persons were coming on two motorcycles. Some persons managed to escape from the spot and only one person was caught. Police party recovered 25 kg. beef, other articles and seized a splendour plus motorcycle (registration no.UK 17 U 1475) belonged to the other co accused Munna alias Aftaab. 3. Heard Mr. Bilal Ahmed, learned counsel for the petitioner and Mr. Vipul Painuly, learned AGA for the State. 1 Criminal Writ Petition No.1187 of 2025 Soyab @ Suhaib (Minor) vs. State of Uttarakhand and others. Ashish Naithani J.
2025:UHC:8868
4. Mr. Bilal Ahmed, Advocate, contended that the Petitioner has been falsely implicated in the present matter. Despite sufficient time, the police did not call any independent person as witness. Petitioner is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding, and, in case protection is granted to him he will cooperate in the investigation. He submits that co-accused persons namely, Munna alias Aftaab and Aashu alias Aas Mohammad and others have been granted anticipatory bail by this Court vide orders dated 13.05.2025 and 14.05.2025, thus, petitioner is also entitled for some relief on the ground of parity. 5. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 6.
Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case and also considering the fact that petitioner is a minor, this Court is of the view that the petitioner enjoys the right to personal liberty under Article 21 of Constitution of India and based on the relief granted to the co-accused persons in the same case, the present petition is liable to be disposed of. 7. In view of the above, the writ petition stands disposed of. (Ashish Naithani J.)
08.10.2025 Arti 2 Criminal Writ Petition No.1187 of 2025 Soyab @ Suhaib (Minor) vs. State of Uttarakhand and others. Ashish Naithani J.
ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.10.14 11:04:45 +05'30'