The Allahabad High Court while refusing to quash the FIR lodged against applicant for allegedly slaughtering a cow, has directed for the investigation of the present matter.
“The prayer of the petitioner to quash the first information report on the ground taken cannot be accepted. However, it is expected that if the petitioner is arrested, before taking further action, it would be verified whether the web post is in respect of the petitioner or some other person.”
This order has been given by Division Bench of Justice Manoj Mishra and Justice Saumitra Dayal Singh while hearing the Petition filed by Sikandar Ali seeking quashing of the FIR lodged against Petitioner.
The petitioner has filed plea for quashing of the First Information Report dated 04.05.2020 registered as Case Crime No.-0143 of 2020, under Sections-3/5/8 Cow Slaughter Act and Section 67 Information Technology Act, P.S.-Naugawan Sadat, District Amroha.
The FIR has been lodged by a sub-inspector of police upon noticing a viral video in the social media which depicted a person having slaughtered a cow and holding out a cow body part as a trophy. The allegation is that upon inquiry, it was found that the person whose video was circulating in the social media is the petitioner.
The petitioner has contended that the petitioner is a resident of Mumbai and neither date nor time of the incident has been disclosed in the first information report, and therefore, the impugned first information report is liable to be quashed.
The court while disposing the plea held that,
Cow slaughter appears to have been done and a video depicting the same had been posted on the web post, an offence has been committed of which investigation would be required.
CASE DETALIS:
Case: - CRIMINAL MISC. WRIT PETITION No. - 10321 of 2020
Petitioner: - Sikandar Ali @ Sikandar Abbas
Respondent: - State Of U.P. And 2 Others
Counsel for Petitioner: - Ratnesh Srivastava, Om Narayan Dwivedi
Counsel for Respondent: - G.A.
Quorum: Justice Manoj Mishra and Justice Saumitra Dayal Singh
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