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2023 DIGILAW 1716 (ALL)

Bhupendra Kumar Yadav v. State Of Uttar Pradesh Thru. Prin. Secy. Home Deptt. Lko.

2023-07-18

NARENDRA KUMAR JOHARI, SANGEETA CHANDRA

body2023
JUDGMENT : 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. This petition has been filed with the following main prayer:- "[i] issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the opposite party no.4 on 03-05-2023 vide First Information Report no.0198 of 2023, Under Section-3/5-A/8 of Uttar Pradesh Preventio of Cow Slaughter Act and Section 11 of Animal Cruelty Act at Police Station-Kadipur, District-Sultanpur, as contained in Annexure 1 to this petition." 3. It has been submitted by learned counsel for the petitioner that the petitioner has been named by one of the accused as owner of the vehicle in which cattle were being carried. He has no concern with the alleged offence of cow slaughter. 4. Learned A.G.A. has opposed the prayer for quashing of the First Information Report and submitted that cognizable offence is made out against the petitioner in the impugned FIR, therefore, the present writ petition is liable to be dismissed. 5. The arguments made by learned counsel for the petitioner can be considered at the stage of Trial by the Trial Court. 6. After having examined the submissions advanced by learned counsel for the parties and perused the impugned F.I.R., we are of the opinion that the impugned F.I.R. discloses cognizable offence by the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the F.I.R. or for grant of any interim relief to the petitioner and accordingly, the present writ petition is dismissed.