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2026 DAILYLAW 7829 (UTT)

MO KALIM v. STATE OF UTTARAKHAND

WPCRL/1270/2026 · 2026-07-08

Alok Mahra

body2026

Judgment text

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UKHC010117022026 2026:UHC:5558 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1270/2026 Mo Kalim --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Bilal Ahmed, learned counsel for the petitioner through Video Conferencing. 2. Mr. Rakesh Joshi, learned A.G.A. along with Manoj Bhatt, learned Brief Holder for the State. 3. By means of the present criminal writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ in the nature of certiorari for quashing the impugned First Information Report being F.I.R. No. 00267 of 2026, dated 04.07.2026, lodged by respondent no. 3, registered under Sections 3, 5 and 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station Bhagwanpur, District Haridwar, along with all consequential proceedings arising therefrom.. 4. Learned counsel for the petitioners would submit that the impugned F.I.R. has been lodged on the allegation that during patrolling duty, the police received information that the petitioners, along with certain other persons, had allegedly slaughtered cow progeny and were storing UKHC010117022026 2026:UHC:5558 and distributing beef at the spot. It is further alleged that, acting upon the said information, the police conducted a raid and recovered certain packets allegedly containing beef, one electronic weighing machine and approximately 50 kilograms of suspected beef. The recovered material was thereafter inspected and sampled by the Veterinary Officer and, on the basis thereof, the present F.I.R. came to be registered. 5. Learned counsel for the petitioners would further submit that the petitioners are innocent and have been falsely implicated in the present case; that the petitioners were not present at the place of the alleged recovery; that that, there is delay of three hours in lodging the F.I.R., which has not been examined; that, the allegations made in the impugned F.I.R., even if taken at their face value, do not disclose the commission of any cognizable offence against the petitioners; that, accordingly, the impugned F.I.R. is liable to be quashed. 6. Per contra, learned State Counsel opposes the writ petition and submits that a substantial quantity of suspected beef was recovered during the raid conducted by the police and that the investigation is still in progress. It is submitted that the allegations disclosed in the F.I.R. require thorough investigation and, therefore, no interference is warranted by this Court at this stage. 7. At this stage, learned counsel for the petitioners submits that without pressing UKHC010117022026 2026:UHC:5558 the present writ petition on merits, the petitioners are ready and willing to surrender before the court of competent jurisdiction and seek regular bail in accordance with law. He, therefore, prays that the present writ petition may be disposed of with liberty to the petitioners to surrender before the court concerned within a stipulated period and seek appropriate relief. It is further prayed that till such time, the petitioners may be protected from coercive measures. 8. Learned State Counsel does not seriously oppose the aforesaid prayer. 9. Heard learned counsel for the parties and perused the material available on record. 10. Having regard to the facts and circumstances of the case, the nature of allegations contained in the impugned F.I.R., the stage of investigation and the statement made on behalf of the petitioners that they are willing to surrender before the court concerned and seek regular bail, this Court is not inclined to examine the merits of the controversy at this stage. Accordingly, the present writ petition is disposed of with liberty to the petitioners to surrender before the court concerned on or before 07.08.2026 and seek regular bail or any other appropriate relief in accordance with law. 11. Till 07.08.2026 or till the date of surrender, whichever is earlier, no petitioners shall not be arrested in connection with F.I.R. No. 00267 of 2026 UKHC010117022026 2026:UHC:5558 registered at Police Station Bhagwanpur, District Haridwar, provided the petitioners cooperate with the ongoing investigation and make themselves available before the Investigating Officer as and when required. 12. It is made clear that in case the petitioners fail to cooperate with the investigation, misuse the liberty granted by this Court, or fail to surrender before the court concerned within the time stipulated hereinabove, it shall be open to the Investigating Agency to proceed in accordance with law. 13. It is further clarified that this Court has not expressed any opinion on the merits of the case and all observations made herein are confined only to the disposal of the present criminal writ petition. (Alok Mahra, J.) 08.07.2026 Mamta MA MTA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd 004ef0, cn=MAMTA RANI Date: 2026.07.09 11:25:46 +05'30'