Neutral Citation No. - 2025:AHC:103439-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 11656 of 2025 Petitioner :- Kalim Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ashok Kumar Singh,Pratibha Singh Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 3. The instant writ petition seeks quashing of the FIR dated 26.03.2025 giving rise to Case Crime No.100 of 2025, under Section 3/5A/8 of Cow Slaughter Act and 11 of Animal Cruelty Act and 111 of B.N.S., Police Station- Khuthan, District- Jaunpur. 4. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the instant first information report is liable to be quashed. 5. Per contra, learned AGA has vehemently opposed the said prayer and has submitted that the petitioner is a hardened criminal and as many as 11 criminal cases have been registered against him, in which charge sheet has also been submitted. Perusal of the criminal history shows that the petitioner is involved as many as six cases shown to be registered under Sections 3/5A/8 of Cow Slaughter Act and 11 Animal Cruelty Act. The petitioner is infact a habitual offender. He has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 6. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that the petitioner is a habitual offender as many as six criminal cases are shown to have been registered against him under Section 3/5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act and in view of the allegations made in the FIR and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 7. The prayer for quashing of the first information report is therefore, refused. 8. However, in case the petitioner files an application for anticipatory/regular bail before the appropriate court, his bail application be considered and disposed of as expeditiously as possible in accordance with law. 9. With these observations, the instant writ petition stands disposed of. Order Date :- 3.7.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad