AMAR GUPTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
CRLP/4493/2025 · 2025-03-18
Mohd Azhar Husain Idrisi, Siddharth
body2025
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[ 2025 DAILYLAW 27705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27705 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39418-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 4493 of 2025 Petitioner :- Amar Gupta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
1. Heard learned counsel for the petitioners, learned A.G.A for the State- respondents and perused the record.
2. The writ petition seeks quashing of the F.I.R. dated 09.08.2024 giving rise to the Case Crime No.0257 of 2024, under Sections 3/5A/8 and section 5 of the U.P. Prevention of Cow Slaughter Act, 1955, Police Station Tamkuhiraj, District Kushinagar.
3. There are allegations against the petitioners of transporting the live cows.
4. Learned counsel for the petitioners submits that mere transportation of live cows within the State does not amounts to any offence. He further submits that petitioners have been falsely implicated in the present case. Police is already investigating the matter.
5. Learned AGA has opposed the submissions made by learned counsel for the petitioners, but could not dispute the aforesaid fact.
6. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till submission of police report under Section 173(2) Cr.P.C./193(3)BNSS, the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation. Order Date :- 19.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad