Probe By Police Before Lodging FIR Is Illegal: Karnataka HC Quashes Case Against Two Accused Of Illegally Transporting Cattle For Slaughter
The Karnataka High Court has quashed a case registered against two persons accused of illegally transporting cattle for slaughter, who were charged on the basis of a confessional statement given by the co-accused.Justice Hemant Chandangoudar allowed the petition filed by Ismail Jabiulla and another and quashed the case registered against them under Sections 4, 6, 7, 8, and 12(2) of the...
The Karnataka High Court has quashed a case registered against two persons accused of illegally transporting cattle for slaughter, who were charged on the basis of a confessional statement given by the co-accused.
Justice Hemant Chandangoudar allowed the petition filed by Ismail Jabiulla and another and quashed the case registered against them under Sections 4, 6, 7, 8, and 12(2) of the Karnataka Prevention of Slaughter and Preservation of Cattle Ordinance, 2020, read with provisions of the Transportation of Animals Act and Sections 181(3) and 177 of the Indian Motor Vehicles Act, 1988, along with Section 149 of the Indian Penal Code, 1860 (IPC).
It said “The allegations against accused Nos.3 and 4, even if taken at face value, do not fulfill the essential elements required to constitute the offences alleged against them.”
The prosecution alleged that on 03.09.2022, the complainant, upon receiving credible information about illegal cattle transportation, along with his staff, conducted a raid. Upon reaching the spot, they found that cattle were tied in a shed belonging to accused No.1.
Three cattle had already died, and three others were recovered from a lorry owned by accused No.2. 3. It was alleged that accused No.3 was present inside the shed at the time of the raid, while accused No.4 was in the lorry, which was parked outside the shed. The accused failed to provide sufficient food and water to the cattle and attempted to transport them without obtaining the requisite permit.
On going through the records the bench noted that there is no material evidence to establish that accused Nos.3 and 4 intended to transport cattle without a permit or to slaughter or offer to slaughter any cattle.
Observing that “The only evidence against them is the confession statement of co-accused Nos.2 and 5, who have stated that accused Nos.3 and 4 participated in the transportation of cattle for slaughter.”
The court opined “It is a well-settled principle that any confession made by an accused while in police custody is inadmissible under Section 25 of the Indian Evidence Act, 1872, unless corroborated by independent material evidence. An accused cannot be subjected to trial solely based on a confession statement.”
It emphasised that Section 154 of the Code of Criminal Procedure, 1973 (Cr.P.C.) mandates that upon receiving information regarding a cognizable offence, the police must immediately register a First Information Report (FIR) before proceeding with an investigation or record the information in the station house diary in cases of exigencies apprehending that the offenders may abscond or destroy the evidence.
The court said “In the instant case, the police conducted the investigation first and registered the FIR later, which is legally impermissible.”
It added “The continuation of criminal proceedings solely on the basis of the confession statements of accused Nos.2 and 5, and in violation of Section 154 of Cr.P.C., amounts to an abuse of the process of law.”
Accordingly it allowed the petition.
Appearance: Advocate Chirag U for Petitioners
HCGP M R Patil for R1.
Citation No: 2025 LiveLaw (Kar) 97
Case Title: Ismail Jabiulla & ANR AND State of Karnataka & ANR
Case No: CRIMINAL PETITION NO. 566 OF 2025
