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2020 DIGILAW 370 (UTT)

Sahrukh v. State Of Uttarakhand

2020-10-06

RAVINDRA MAITHANI

body2020
JUDGMENT Ravindra Maithani, J. - Instant writ petition has been filed by the petitioner seeking quashing of an FIR No. 32 of 2020, under Sections 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Bahadrabad, District Haridwar. 2. Heard learned counsel for the parties through video conferencing. 3. According to the FIR, on 14.02.2020, Police recovered 95 kg beef and other articles. One person was arrested, who is co-accused Parvez, but other persons present at the spot managed to escape. One of them was Mona son of Ilias. 4. The writ petition is filed in the name of Sahrukh. Learned counsel for the State, under instructions, would submit that the petitioner is also named as Mona and he is named at serial no.4 of the FIR. 5. Learned counsel for the petitioner would submit that petitioner apprehends that he may be arrested in a routine and mechanical manner. 6. This is a writ petition under Article 226 of the Constitution of India. The FIR discloses commission of cognizable offences, therefore, as far as quashing of FIR is concerned, there is no reason to make any interference. 7. An apprehension has been raised that the petitioner may be arrested in a routine manner. Needless to say, arrest is not a mechanical act of the Investigating Officer. First and foremost, he has to ascertain the complicity of a person in the offence and thereafter, to weigh in his mind the need for arresting. This Court has no doubt that the Investigating Officer, in the instant case, shall also follow the law on the subject of arrest, if any occasion to arrest arises in the instant case. 8. With the above observations, the instant writ petition stands disposed of.