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2025 DAILYLAW 56962 (ALL)

AJAD @ BABBU v. THE STATE OF UP AND 2 OTHERS

CRLP/10067/2025 · 2025-05-21

Ram Manohar Narayan Mishra, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86594-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 10067 of 2025 Petitioner :- Ajad @ Babbu Respondent :- The State Of Up And 2 Others Counsel for Petitioner :- Devesh Mishra Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner as well as 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 29.03.2025, registered as Case Crime No.0259 of 2025, under sections- 3/5/8 of Cow Slaughter Act, 1955 and Under Section 4/25 of Arms Act, 1959, Police Station Khalilabad, District Sant Kabir Nagar, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 3. Learned counsel for the petitioner submitted that although petitioner has been implicated in the case for committing the offence under Section 3/5/8 of Cow Slaughter Act, 1955, but nothing has been recovered from him. His name has surfaced only in the confessional statement of co-accused is not admissible against him. 4. Learned A.G.A. could not dispute the aforesaid facts. 5. In view of the aforesaid, petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court, the respondents shall not arrest the petitioners pursuant to the aforementioned case, subject to cooperation in ongoing investigation. 6. In case, the petitioner do not cooperate the investigation, it shall be open for the Investigating Officer to file a recall application before this Court through learned A.G.A. Order Date :- 22.5.2025 Ashish/- Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad