Mohd. Subhan vs State Of Uttarakhand And Others
2023 Latest Caselaw 455 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

           Writ Petition (Criminal) No. 2142 of 2022

Mohd. Subhan                                       ......... Petitioner

                           Vs.
State of Uttarakhand and others                  .......Respondents



Present:    Mr. Bilal Ahmed, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. for the State.

                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of the FIR dated

01.10.2022 registered as Case Crime No. 964 of 2022,

under Sections 3/5/11 of the Uttarakhand Protection of

Cow Progeny Act, 2007, Police Station Bhagwanpur,

District Haridwar.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 01.10.2022, the police

raided a premises and found cow slaughtering. Beef and

other instruments were recovered, but the persons involved

in the offence managed to escape. One of them, according

to the FIR is the petitioner.

4. On 23.11.2022, this petition was admitted and

notices were issued.

5. Learned counsel for the petitioner would submit

that the petitioner has been falsely named in the FIR. He

was not present at the spot.

6. Learned State counsel would submit that there

are specific allegations against the petitioner and there is

no reason to make interference at this stage.

7. This is writ petition under Article 226 of the

Constitution of India. If prima facie, FIR discloses

commission of offence, generally no interference is

warranted. In the instant case, it is the specific case of the

prosecution that when the premises was raided, police

found cow slaughtering at that place. The person involved

in the act, managed to escape. One of whom was the

applicant. Whether the contents of the FIR are true or not,

it cannot be decided in this writ petition. It falls for

scrutiny during investigation.

8. Therefore, this Court is of the view that there is

no reason to make any interference and the writ petition

deserves to be dismissed.

9. The writ petition is dismissed.

(Ravindra Maithani, J.) 22.02.2023 Jitendra