Babu Khan @ Dilbahar vs State Of U.P. Thru. The Prin. Secy. ...
2015 Latest Caselaw 3631 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- MISC. BENCH No. - 10134 of 2015
 

 
Petitioner :- Babu Khan @ Dilbahar
 
Respondent :- State Of U.P. Thru. The Prin. Secy. Home Deptt. & Ors.
 
Counsel for Petitioner :- Dheeraj Srivastava,Noorain Husain Khan
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Hon'ble Pratyush Kumar,J.

                                                      (Oral)

1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 392 of 2015 under Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Sections 3/11 of Prevention of Animal Cruelty Act, Police Station Colonelganj, District Gonda.

2. Learned counsel appearing for the respondent State contends that because the offences allegedly committed by the petitioner entail a sentence of upto seven years, the Investigating Agency would strictly comply with the provisions of Section 41-A of the Code of Criminal Procedure, as directed  by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.

3. Learned counsel appearing for the petitioner states that in view of the stand of investigating agency, as noted above, let this petition be disposed of as not pressed.

4. Petition is disposed of as not pressed.

Order Date :- 29.10.2015

Madhu