"Cattle Bones Found From Place Of Occurrence": Allahabad High Court Refuses To Quash FIR In Cow Slaughter Case
The Allahabad High Court on Friday refused to quash an FIR registered under the U.P. Prevention of Cow Slaughter Act, 1955 against 7 persons, booked under Sections 3/5/8 of the said act.The Bench of Justice Saroj Yadav and Justice Ramesh Sinha refused to quash FIR noting that the impugned FIR disclosed cognizable offence and that the petitioner is involved in the cow slaughter as is evident...
The Allahabad High Court on Friday refused to quash an FIR registered under the U.P. Prevention of Cow Slaughter Act, 1955 against 7 persons, booked under Sections 3/5/8 of the said act.
The Bench of Justice Saroj Yadav and Justice Ramesh Sinha refused to quash FIR noting that the impugned FIR disclosed cognizable offence and that the petitioner is involved in the cow slaughter as is evident from the cattle bones which were found from the place of occurrence.
Submissions advanced
The counsel for the petitioners argued that impugned FIR was lodged against one unknown person and neither the petitioner was concerned with the incident nor he was arrested on the spot as they are labourers/carpenters who reside in Rajasthan.
It was also argued that the name of the petitioners and six others had come into light only on the basis of the confessional statement of one arrested co-accused for the commission of the offence.
It was lastly submitted that offence under Section 5 of the U.P. Prevention of Cow Slaughter Act, 1955 was not maintainable, thus, it was submitted that the present impugned FIR was lodged just for harassment of the petitioners with oblique motive.
On the other hand, the Government advocate argued that the impugned FIR and the involvement of the petitioners in the crime cannot be ruled out as on the site of the incident, cattle bones were recovered.
Consequently, having examined the submissions advanced by counsel for the parties and perusing the impugned FIR, the Court came to the conclusion that the impugned FIR disclosed cognizable offence against the petitioners and that the cattle bones were found from the place of occurrence.
Therefore, the Court dismissed the plea.
In related news, this very bench of the Allahabad High Court had recently quashed a detention order passed under the National Security Act, 1980 against 3 men who have been accused of cutting small pieces of beef for selling purposes in a house in secrecy.
The Bench of Justice Ramesh Sinha and Justice Saroj Yadav observed that the case of the petitioners/detenues of cutting cow beef in pieces in the secrecy of their own house can at best be described as a matter affecting law and order and not public order.
"…the petitioners and co-accused were mutely arrested when they were found cutting beef in the wee hours of the morning in the house of the petitioners. We also do not know whether the cause was poverty, lack of employment or hunger, which may have compelled the petitioners and the other co-accused to take such a step," observed the Court.
Also, observing that cow should be declared as the national animal and cow protection should be kept as a fundamental right of Hindus the Allahabad High Court had recently denied bail to one Javed who has been accused of slaughtering a cow.
"We know that when a country's culture and its faith gets hurt, the country becomes weak," noted the Court.
Denying him bail, the Bench of Justice Shekhar Kumar Yadav noted that the applicant had, after committing theft of the cow, had killed it, beheaded it and its meat was also kept along with it.
Case title - Lateef Ahmad & Anr. v. State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors.
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