Suraj Kumar vs State Of U.P. And 3 Others
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Allahabad High Court

Suraj Kumar vs State Of U.P. And 3 Others on 26 May, 2025

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:88710-DB
 
Court No. - 42
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10054 of 2025
 
Petitioner :- Suraj Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Singh Baish
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Anil Kumar-X,J.

1. Heard learned counsel for the petitioner and learned A.G.A. for the State.

2. This writ petition has been filed praying for the following reliefs:

"i. To, issue a writ, order or direction in the nature of certiorari quashing the First Information Report dated 28.03.2025 registered as 28.03.2025 registered as Case Crime No. 0081 of 2025 under section 3/5A/8 Cow Slaughter Act and section 11 Animal Cruelty Act, Police Station Duddhi District Sonebhadra (Annexure No.1 to this writ petition).

ii. issue, a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in Case Crime No. 0081 of 2025 under section 3/5A/8 Cow Slaughter Act and section 11 Animal Cruelty Act, Police Station Duddhi District Sonebhadra."

3. Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner.

4. Learned AGA opposed the prayer for quashing of the FIR, which discloses cognizable offence.

5. The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report.

6. The writ petition is disposed of leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law.

7. It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

Order Date :- 26.5.2025

NLY

(Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.)