Research › Search › Judgment

Uttarakhand High Court · body

2020 DIGILAW 392 (UTT)

Pikam Singh v. State Of Uttarakhand

2020-10-09

RAVINDRA MAITHANI

body2020
JUDGMENT Ravindra Maithani, J. - Instant writ petition has been filed by the petitioner seeking quashing of an FIR No. 437 of 2020, under Sections 3/6/11 (1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 11 of Prevention of Cruelty to Animals Act, 1960 and Section 429 IPC, Police Station, Bhagwanpur, District Haridwar. 2. Heard learned counsel for the parties through video conferencing. 3. According to the FIR, on 15.09.2020, when a vehicle bearing Registration No. UK08GB0740 was intercepted, the driver and helper both managed to escape from their respective windows, police chased them, but could not apprehend them. The vehicle was a small truck, which was covered with a canvas and beneath it were many calfs dead and alive; they were brutally and in most cruel manner packed in that vehicle. 4. Learned counsel for the petitioner would submit that petitioner was learning to drive, in the vehicle, which was intercepted by the Police and on the same day, while learning, he left his ATM and mobile phone in the vehicle. 5. Learned counsel for the State would submit that when intercepted, the occupants of the vehicle managed to escape; apart from the animals, a mobile phone and ATM card of the petitioner were recovered, which connects him with the crime. 6. This is a writ petition under Article 226 of the Constitution of India. The FIR, in the instant case reveals commission of cognizable offences. Police has got material from the vehicle, which according to the Police, connects the petitioner with the crime. It is a matter for investigation, therefore, no interference is warranted and the writ petition deserves to be dismissed. 7. On behalf of the petitioner, it is submitted that a direction may be given that the bail application of the petitioner may be considered on the same day. This Court has no doubt that as and when the bail application of the petitioner is filed, it will be decided as expeditiously as possible, in accordance with law and for that purpose no instructions are required. 8. The instant writ petition is dismissed.