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2018 DIGILAW 224 (UTT)

ISHTIYAK v. STATE OF UTTARAKHAND

2018-04-26

V.K.BIST

body2018
JUDGMENT Hon'ble V.K. Bist, J. This petition has been filed by the petitioner seeking the following reliefs: “i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 21.03.2018 registered as F.I.R. No. 95 of 2018, under Section 3/6(1)/11(1)/11(2) of the Uttarakhand Protection of Cow ProgenyAct, Section 11 of the Animal Atrocities Prohibiton Act & Section 429 of I.P.C., Police Station Khatima, District Udham Singh Nagar. ii) Issue a writ, order or direction in the nature of mandamus commanding/ directing the respondent no. 2 not to arrest the petitioner in connection with F.I.R. No. 95 of 2018, under Section 3/6(1)/11(1)/11(2) of the Uttarakhand Protection of Cow Progeny Act, Section 11 of the Animal Atrocities Prohibiton Act & Section 429 of I.P.C., Police Station Khatima, District Udham Singh Nagar." 2. The facts, relevant to the writ petition, are that, on 21.03.2018, when the complainant alongwith other police officials was on official duty, they saw a Pick-up parked in the side of the road. On hearing the siren of the police vehicle, the said vehicle started plying towards Khatima. On being suspicion, the police personnel chased the said vehicle and the said vehicle got impinged with the wall and the driver fled away from the spot. It is stated in the F.I.R. that one of the police personnel recognized the driver as Ishtyak Seth. While making search of the vehicle, six bullocks were found tied, out of them, one died. 3. Learned counsel for the petitioner submitted that allegations made against the petitioner in the impugned F.I.R. are totally false and, therefore, protection should be granted to the petitioner. 4. Learned Deputy Advocate General vehemently opposed the writ petition. He submitted that allegations made against the petitioner are serious in nature. Therefore, interim relief should not be granted to the petitioner and the writ petition filed by him deserves to be dismissed at the threshold. 5. I have considered the submission advanced by the learned counsel for the parties and have perused the papers available on record. 6. The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. 6. The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561 , has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. 7. I have considered the submission of learned counsel for the parties and gone through the contents of F.I.R. Contents of F.I.R. disclose offence and it is for the Investigating Officer to investigate the case and, thereafter, either to file charge sheet or final report in the matter. It is not a fit case, where the High Court should interfere in this criminal writ petition moved under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. 8. Stay application (CLMA No.4497 of 2018) stands rejected. 9. Learned counsel for the petitioner then submitted that in case offence is made out against the petitioner, in that event, the petitioner will surrender before the Court concerned and will move the bail application and the Courts below may be directed to decide his bail application same day. Considering the submission of learned counsel for the petitioner, it is directed that in case petitioner surrenders and moves bail application, the same shall be decided by the Courts below very very expeditiously, in accordance with law.