The Allahabad High Court on Friday refused to quash an FIR registered under Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, against seven persons.
The Division Bench of Justice Saroj Yadav and Justice Ramesh Sinha passed this order while hearing a petition filed by Lateef Ahmad & Anr.
The writ petition has been filed by the petitioners seeking quashing of the FIR under Sections 3/5/8 of the UP Prevention of Cow Slaughter Act, 1955 at police station Biswan, District Sitapur with a further prayer to stay the arrest of the petitioners. The counsel for the petitioners argued that the impugned FIR was lodged by respondents against one unknown person and neither the petitioner is concerned with the aforesaid incident nor was he arrested on spot.
The name of the petitioners and six others has come into light only on the basis of a confessional statement of one arrested co-accused, Sandesh @ Sabir for commission of offence. He further stated that the petitioners were not even present at the date and time of the incident as they all being labourers/carpenters reside in Rajasthan, copy of their attendance card is attached to the writ petition.
He also submitted that offence under Section 5 of the UP Prevention of Cow Slaughter Act, 1955 is not maintainable, thus, the FIR which is lodged by respondents against the petitioners just for harassment and with oblique motive, is liable to be quashed.
Additional Government Advocate opposed the prayer for quashing of the FIR and submitted that cognizable offence is made out against the petitioners in the impugned FIR and the involvement of the petitioners in the crime cannot be ruled out as on the site of the incident cattle bones were recovered, therefore, the writ petition is liable to be dismissed.
“After having examined the submissions advanced by counsel for the parties and perused the FIR, we are of the opinion that the 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 the 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 writ petition is dismissed,”
-the Court ordered.