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2025 DAILYLAW 47152 (ALL)

MUBEEN v. STATE OF U.P. AND 3 OTHERS

CRLP/7943/2025 · 2025-05-06

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73254-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 7943 of 2025 Petitioner :- Mubeen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mrityunjay Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner; learned A.G.A. for the State- respondents and perused the material on record. The writ petition has been filed praying for quashing the F.I.R. dated 23.12.2024 giving rise to Case Crime No. 1191 of 2024, under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act and 318(2) B.N.S., Police Station- Highway District- Mathura. Learned counsel for the petitioner has submitted that applicant has been named by co-accused in his confessional statement. He is neither owner nor driver of the vehicle. Learned AGA has opposed the submissions made by learned counsel for the petitioner. Under the totality of facts and circumstances of this case and for the reasons given in the order dated 10.7.2024 passed in Criminal Misc. Writ Petition No.7463 of 2024, this writ petition is disposed of directing that till submission police report submitted under Section 173(2) Cr.P.C./193(3) B.N.S.S., the respondents are restrained from arresting the petitioner pursuant to the impugned First Information Report, subject to cooperation in ongoing investigation. Order Date :- 7.5.2025 Ruchi Agrahari (Ram Manohar Narayan Mishra,J.) (Siddharth, J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad