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2025 DAILYLAW 78567 (ALL)

ABHISHEK YADAV v. STATE OF UTTAR PRADESH AND 2 OTHERS

CRLP/15994/2025 · 2025-07-31

Avnish Saxena, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128921-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15994 of 2025 Petitioner :- Abhishek Yadav Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Sudarshan Singh Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Heard Sri. Sudarshan Singh, learned counsel for the petitioner; learned counsel for respondent and learned AGA for State- respondents. 2. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 19.05.2025, registered as Case Crime No. 119 of 2025, under sections- 3/5A/8 Cow Slaughter (Prevention) Act and 11(1)(e) Animal Cruelty Act, Police Station- Malwan, District - Fatehpur, 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 submits that the petitioner has been falsely implicated under the provision of Cow Slaughter Act. He further submits that no offence is made out against the petitioner. 4. With regard to the allegations made in the F.I.R., investigating officer of the police is investigating the matter. 5. After hearing the rival contentions, totality of facts and circumstances of this case and in view of the judgment passed by Division Bench of this Court in Criminal Misc. Writ petition No. 7463/2024 (Shobhit Nehra Vs. State of U.P.), the above noted writ petition is disposed of directing the investigating officer to conclude the investigation of this case within period of 60 days. 6. During the period of investigation and till cognizance is taken on the police report by the court concerned, the petitioner shall not be arrested. 7. In case of non-cooperation with the police investigation by the petitioner it shall be open for either of the respondents to file recall application of this order. Order Date :- 1.8.2025 Abhishek Sri. (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad