Research › Search › Judgment

Uttarakhand High Court · body

2019 DIGILAW 369 (UTT)

JAHANGEER v. STATE OF UTTARAKHAND

2019-05-31

RAVINDRA MAITHANI

body2019
JUDGMENT Hon'ble Ravindra Maithani, J. The instant petition under Article 226 of the Constitution of India has been filed for quashing the F.I.R. No.0230 of 2019, under Section 3 and 11 of Uttarakhand Cow Progeny Act 2007, Police Station Bhagwanpur, District Haridwar. 2. Heard and perused the records. 3. According to F.I.R., on 26.05.2019 upon information having being received that a bull is to be killed by the petitioner, police party reached at the spot, which was in a jungle. The police team noticed that there was a vehicle from which bull was being unloaded. The bull's legs were tied up with rope and the persons, who were there, were holding knives and other heavy cutting weapons. Sensing the fear, the petitioner and other associate ran away from the spot. 4. Perusal for the F.I.R. reveals that it is an offence for attempting to slaughter a cow progeny, a cognizable offence. Its truthfulness has to be tested during investigation or at trial, as the case may be. Therefore, no interference is warranted and the petition deserves to be dismissed. 5. Learned counsel for the petitioner would argue that the petitioner apprehends arrest in routine and mechanical manner. 6. The writ petition is dismissed. However, the Investigating Officer if decides to arrest the petitioner shall follow the law as laid down by the Courts, in this regard as well as the legal provisions and will remind himself that liberty is a precious right which should not be curtailed in a routine manner.