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2026 DAILYLAW 6949 (UTT)

SHAMIM v. STATE OF UTTARAKHAND

WPCRL/1123/2026 · 2026-06-16

Alok Mahra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2026:UHC:4876 WPCRL No. 1123 of 2026 Hon'ble Alok Mahra, J., Mr. Gaurav Singh, learned counsel for the petitioner. 2. Mr. Nikhil Bisht, learned Brief Holder for the State of Uttarakhand. 3. By means of the present writ petition, the petitioner has prayed for the following reliefs: (i) To issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 28.05.2026, registered as FIR No. 109 of 2026 under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Kaliyar Shareef, District Haridwar, qua the petitioner. (ii) To issue a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 and 2 not to arrest the petitioner or take any coercive measures against him pursuant to the aforesaid FIR dated 28.05.2026, registered as FIR No. 109 of 2026 under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Kaliyar Shareef, District Haridwar. 4. Learned counsel for the petitioner submits that the impugned FIR has been lodged on the allegation that, while on patrol duty, the police received information that cow slaughter was being carried out at the house of one Shamim, the present petitioner. Acting upon the said information, the police party allegedly found that the present petitioner, along with certain other persons, had slaughtered cow progeny. It is further alleged that the police conducted a raid at the spot and recovered approximately 150 kilograms of meat, suspected to be beef, along with certain slaughtering implements, including a knife and an axe. The recovered material was thereafter inspected and sampled by the Veterinary Officer, on the basis whereof the present FIR came to be registered. 5. Learned counsel for the petitioner further submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the co-accused have been granted interim protection vide order dated 03.06.2026. He further submits that the petitioner neither slaughtered any cow progeny nor was he present at the spot. 6. Per contra, learned State Counsel opposed the writ petition and submitted that a substantial quantity of alleged beef was recovered during the raid conducted by the police and that the investigation is still in progress. 7. At this stage, learned counsel for the petitioner submits that the petitioner is ready and willing to surrender before the court concerned. He seeks permission to withdraw the present writ petition with liberty to surrender before the competent court within a reasonable period and seek regular bail. It is further prayed that, till such surrender, the petitioner may be granted protection from arrest. 8. Learned State Counsel has no objection to the aforesaid prayer. 9. Heard learned counsel for the parties and perused the material available on record. 10. Considering the facts and circumstances of the case and the statement made on behalf of the petitioner, the present writ petition is dismissed as withdrawn, with liberty to the petitioner to surrender before the court concerned on or before 17.07.2026 and seek appropriate relief in accordance with law. 11. Till 17.07.2026, or till the date of surrender, whichever is earlier, the petitioner shall not be arrested in connection with the aforesaid FIR, provided he cooperates with the investigation and makes himself available before the Investigating Officer as and when required. 12. It is made clear that, in the event the petitioner fails to cooperate with the investigation or fails to surrender before the court concerned on or before 17.07.2026, the interim protection granted by this Court shall automatically stand vacated without any further order. (Alok Mahra, J.) 16.06.2026 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.06.16 17:18:12 +05'30'