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Neutral Citation No. - 2025:AHC:68386-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 8413 of 2025 Petitioner :- Meharban And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Naushad Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Ms. Anjali Singh Tomar, Advocate holding brief of Sri Mohd. Nausha, learned counsel for the petitioners and learned A.G.A. for the State respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 28.03.2024 registered as Case Crime No. 0169 of 2025, under Sections 109(1) B.N.S., Section 3/25/27 of the Arms Act and 3/5/8 of Cow Slaughter Act, P.S. Kairana, District Shamli and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Submission of learned counsel for the petitioner by drawing attention towards various documents annexed with the present petition is that no offence as alleged is made out against the petitioner and attempt is being made to arrest the petitioner. 4. Per contra, learned A.G.A. submits that the same petitioners have challenge the impugned first information report dated 25.03.2025 lodged by the informant bearing Case Crime No. 0166 of 2025, under Sections 3/5/8 of Cow Slaughter Act wherein none of the petitioners is named in the first information report, hence the
petition is not maintainable in view of judgement of Hon'ble Apex Court passed in S.L.P (Criminal) No. 762 of 2020 (Hukum Chand Garg and others vs. State of U.P. and others) decided on 7.2.2022 and, therefore, the same has been dismissed as not maintainable. 5. In the present case one of the co-accused was injured and when the police party had gone to arrest them on receiving information in cross firing one co-accused Aftab @ Tabu was injured who was specifically named in first information report. A reference of the incident dated 24.03.2025 in respect of slaughtering of progeny was found at a public place and in respect where of the police party was in search of the accused persons and the present first information report came to be lodged. 6. We find substance in the arguments of learned AGA. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 7.
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. 8. Therefore, the writ petition is dismissed. Order Date :- 30.4.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad