Allahabad High Court
Babbu vs State Of U.P. Thru. Secy. Home Civil ... on 17 April, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2893 of 2023 Petitioner :- Babbu Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned A.G.A. who appears on behalf of opposite parties no.1 to 4.
This petition has been filed with the following main prayer :-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the First Information Reports dated 15.03.2023 lodged by O.P. No.4 at Police Station - Banthara, District- Lucknow vide FIR No.72/2023, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act relating to Police Station - Banthara, District - Lucknow (Contained as Annexure No.1) to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to arrest the petitioner in Case Crime No./ FIR No.72/2023 under Sections 3/5A/ 8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act relating to Police Station - Banthara District - Lucknow during the pendency of present petition."
It has been argued by the learned counsel for the petitioner that the petitioner is only the owner of the truck that was caught allegedly by the police carrying cattle. He says that he has no involvement in the crime as alleged. It was the driver who had gone on the task of loading 'Maurang' but he strayed from his path and perhaps was involved. The petitioner has been falsely implicated and the FIR needs to be quashed. This Court has perused the FIR and also the pleadings of record. This contention is not opposed by the petitioner that his truck was caught with bullocks loaded on it.
After having examined the submission advanced by learned counsel for the petitioner and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.
Order Date :- 17.4.2023 mks