Delhi High Court - Orders
Javed Qureshi & Anr vs State Govt Of Nct Of Delhi & Ors on 10 January, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 60/2023
JAVED QURESHI & ANR.
..... Petitioners
Through: Mr.M.N.Dudeja, Mr.Aditya Mishra,
Advocates.
versus
STATE GOVT OF NCT OF DELHI & ORS
..... Respondents
Through: Mr.Anand V.Khatri, ASC for State
with SI Avaneesh Kumar, PS
Jagatpuri.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 10.01.2023 CRL.M.A. 614/2023
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(CRL) 60/2023
3. This Writ petition is filed for quashing of FIR No.685/2022 under Sections 429/34 IPC and Sections 4/7/8/12/13 of Delhi Agricultural Cattle Preservation Act (DACP) on the ground the petitioner had a license from the MCD issued on 30.04.2022, to have a meat shop and to sell buffalo meat halal.
4. The allegations are the petitioner had brought two live buffalos and had slaughtered them in his house but whereas the case of the petitioner is he had purchased the meat of the buffalos from Gazipur Mandi; receipts whereof is annexed as annexure P4 to this petition and was cutting the said meat into small pieces so as to sell it at his shop.
Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:11.01.2023 16:435. Though the chargesheet has been filed by the State but allegedly there is no verification from the seller from whom the dead meat or live buffalos were purchased.
6. Further qua the applicability of DACP Act, it is submitted the case does not fall within the ambit of the said Act, since per DACP Act the agriculture cattle means an animal specified in the Schedule and that Buffalo is not covered in the said Schedule.
7. Qua prayer b an enquiry is going on with the ACP, Vivek Vihar, Delhi.
8. Let a status report be filed by the State by verifying the facts stated above as also if any license is required for cutting the meat into further pieces at a place other than the shop; prior to the next date of hearing with an advance copy to the learned counsel for the petitioner.
9. List on 17.04.2023.
YOGESH KHANNA, J.
JANUARY 10, 2023 DU Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:11.01.2023 16:43