Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23280 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This instant writ petition has been filed with a prayer to quash the instant First Information Report dated 11.09.2025 arising out of Case Crime No. 219 of 2025, under section 3/5A/8 Cow Slaughter Act and section 11 Prevention of Cruelty to Animals Act, 1960, Police Station Mail, District Deoria and direction not to arrest the petitioner with aforesaid case.
3. It is submitted by learned counsel for the petitioner that petitioner is not named in the instant FIR, nor there is any allegation of active participation or conspiracy regarding the alleged offence. The instant FIR is nothing but gross misuse of process of law. It is further submitted that there is no independent witness of the alleged incident.
4. Learned A.G.A. appearing for the State has vehemently opposed the prayer as made by learned counsel for the petitioner and has submitted that the petitioner is registered owner of the vehicle and serious allegation of transportation of beef has been made against the petitioner.
5. Considering the submissions made by learned counsel for the petitioner, learned A.G.A. for the State and after plain reading of FIR, prima facie cognizable offence is made out. The submission made by the petitioner in his defence are matter of investigation, the investigation still going on, therefore, as this stage we do not find any justification to quash the FIR. Versus Counsel for Petitioner(s) : Amit Kumar Shrivastava Counsel for Respondent(s) : G.A. Rajesh Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
6. In view of the law settled in the case of State of Haryana and others Vs. Bhajan Lal and others, reported in 1992 Supp (1) SCC 335, we do not find any merit in the instant case.
7. The instant petition is devoid of merit, accordingly dismissed.
October 14, 2025 RPD CRLP No. 23280 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.)
Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad