Allahabad HC declines to quash FIR in Cow slaughter case as Cattle bones found from place of offence

  • Lawbeat News Network
  • 11:22 AM, 18 Sep 2021

Read Time: 05 minutes

The Allahabad High Court on Friday refused to quash a First Information Report (FIR) registered in connection with a Cow slaughter case.

Opining that the interference of the Court is not required as cattle bones were found at the place of offence, a Division Bench of Justices Ramesh Sinha and Saroj Yadav of the Allahabad High Court observed

“After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioners and that the petitioner is involved in the cow slaughter as is evident from the cattle bones which were found from the place of occurrence, 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.”

These observations came as part of a plea which prayed to quash an FIR registered against the Petitioner under various sections of the U P Prevention of Cow Slaughter Act, 1955.

The Petitioners had contended that that the FIR in question was lodged by respondent no.4 (The Police) against one unknown person. The petitioner is neither concerned with the aforesaid incident nor was he arrested on spot.

The name of the petitioners and six others has come into light pursuant to a confessional statement of one arrested co-accused, Sandesh Sabir for commission of offence, it was further informed.

He further stated that the petitioners were not even present at the date and time of the incident as they all being labourers/carpenters, residing in Rajasthan.

On these grounds, the petitioner pushed for quashing the FIR.

Countering these submissions, the counsel appearing for the State government submitted that a cognizable offence is made out against the petitioners in the impugned FIR. The involvement of the petitioners in the crime cannot be ruled out as on the site of the incident cattle bones were recovered, it was further added.

Appreciating the submissions of the parties, the Court was inclined to dismiss the petition.

Advocates Abdul Shadab Khan and Amjad Siddiqui appeared for the petitioner.

 

Case Name: Latheef Ahmad vs State of UP