Neutral Citation No. - 2025:AHC:119065-DB Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 15568 of 2025 Petitioner :- Bholi Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Sandeep Jain,J. Heard the counsel for the petitioner and the A.G.A. representing the respondents. The present petition has been filed for the following reliefs:- "I) 1) Issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 26.06.2025 (Annexure No.1) in case crime no.140/2025, Under Section 3/5A/8 Prevention of Cow Slaughter Act and Section 3/25 Arms Act and Section 109(1) B.N.S., Police Station Ramnagar, District-Varanasi. II)Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 not to arrest the petitioner with the First Information Report dated 26.06.2025 (Annexure No.1) in case crime no.140/2025, Under Section 3/5A/8 Prevention of Cow Slaughter Act and Section 3/25 Arms Act and Section 109(1) Β.Ν.S., Police Station Ramnagar, District-Varanasi." It has been argued by the counsel for the petitioner that there is no evidence on record which shows that the alleged livestock was being transported to Bihar, therefore, no offence under Section 5A read with Section 8 of the Uttar Pradesh Prevention Cow Slaughter Act is made out against the petitioner. It was further argued that from the recitals in the first information report itself, no offence under Sections 3/25 Arms Act and Section 109(1) of BNS is made out against the petitioner as the petitioner is the owner of the vehicle in which the livestock was allegedly being transported and had not fired at the police party. It was argued that for the aforesaid reason, the first information report, so far as it is against the petitioner, is liable to be quashed. The AGA has opposed the petition. In the circumstances of the case and after considering the rival arguments of the counsel for the parties, the writ petition is disposed of with a direction that the petitioner shall not be arrested in pursuance to the first information report dated 26.06.2025 in case crime no.140/2025, Under Section 3/5A/8 Prevention of Cow Slaughter Act and Section 3/25 Arms Act and Section 109(1) Β.Ν.S., Police Station Ramnagar, District-Varanasi till submission of the police report under Section 193 of BNSS, 2023. Order Date :- 22.7.2025/Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad