ASAD @ ARSHAD AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
CRLP/8563/2025 · 2025-05-06
Ram Manohar Narayan Mishra, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51543 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51543 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:73256-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 8563 of 2025 Petitioner :- Asad @ Arshad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ujjwal Srivastava,Zainul Abdin Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. Supplementary-affidavit filed today is taken on record. Heard Sri Ujjwal Srivastava, learned counsel for the petitioners, learned counsel for the respondent and learned A.G.A. for the State respondents. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 10.03.2025 registered as Case Crime No. 0085 of 2025, under sections- 3/5A/8 of the U.P. Cow Slaughter Prevention Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station- Phoolpur, Ganganagar (Commissionerate Prayagraj) District - Prayagraj, and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case on the basis of confessional statement of co- accused, Fareed Ahmaed. The petitioners are neither the owner nor driver of the vehicle. Nothing incriminating has been recovered from them. 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 cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 7.5.2025 Abhishek (Ram Manohar Narayan Mishra,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad