Uttarakhand High Court
Azam And Another ...Petitioners vs State Of Uttarakhand And Others on 6 August, 2020
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (Criminal) No. 1165 of 2020
Azam and another ...Petitioners
Versus
State of Uttarakhand and others ....Respondents.
Present: Mr. Mohd. Safdar, Senior Advocate for the applicant.
Mr. P.S. Bohra, AGA for the State.
Judgment
Hon'ble Ravindra Maithani, J. (Oral)
Present writ petition under Article 226 of the Constitution of India has been filed for quashing the FIR No. 302 of 2020, under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Manglour, District Haridwar.
2. Heard learned counsel for the parties through Video Conferencing and perused the record.
3. According to the FIR, in the instant case, on 09.05.2020, upon information having been received, when the police party raided the house of petitioner no.1, some persons were successful in running away from there, but co-accused Farman was arrested. The police recovered 130 Kg beef, cutting and weighing instruments. It is this recovery, which is the basis of the FIR.
24. Learned counsel for the petitioners would submit that the petitioners have been falsely implicated on the basis of the statement of the co-accused.
5. This Court invited the attention of learned counsel for the petitioners to the contents of the FIR, according to which, the petitioners were identified by Police Constable 204 Alias Ali and Constable 91 Abbal Panwar. To it, learned counsel for the petitioners would submit that how can Police Constables identify the petitioners. This Court has no answer to it.
6. This is a petition under Article 226 of the Constitution of India. Interference cannot be made when there are allegations which disclose commission of offence. It is categorical version of the FIR that the house of petitioner no.1 was raided and it is also categorical version of the FIR that both these petitioners ran away from the place of incident. FIR states as to who identified these two petitioners. The names of both Constables are written there. How did they identify, it is a matter which the IO would examine during investigation and if required and occasion arises it would be question during trial. But, this Court cannot sit over to decide the credibility and trustworthiness of the contents of the FIR. Therefore, this writ petition has no merits as such and it deserves to be dismissed.
7. The writ petition is dismissed accordingly.
(Ravindra Maithani, J.) 06.08.2020 Jitendra