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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Shamsher Alias Masida - Appellant
Versus
State Of Uttarakhand And Others - Respondent
Writ Petition (Criminal) No. 1622 of 2020
Decided On : 06-10-2020
FIR Quashing - Uttarakhand Cow Progeny (Protection) Act, 2007 - The court dismissed the petition seeking quashing of the FIR, stating that if the FIR discloses the commission of an offense, no interference is warranted. The court emphasized that the matters of the petitioner's involvement and extent of involvement fall under the consideration of the Investigating Officer, and arrest is not a mechanical act but should be based on the complicity of a person in the offense and the need for arresting.
Fact of the Case:
The petitioner sought quashing of FIR No. 310 of 2020, under Sections 3, 5 & 11 of the Uttarakhand Protection of the Uttarakhand Cow Progeny (Protection) Act, 2007, and Sections 188 and 336 IPC and Section 51 (b) of the Disaster Management Act, 2005, Police Station Kotwali Roorkee, District Haridwar, on the grounds of lack of evidence against the petitioner.
Finding of the Court:
The court dismissed the petition, stating that if the FIR discloses the commission of an offense, no interference is warranted. The court emphasized that the matters of the petitioner's involvement and extent of involvement fall under the consideration of the Investigating Officer, and arrest is not a mechanical act but should be based on the complicity of a person in the offense and the need for arresting.
Issues: The issues revolved around the evidence against the petitioner and the potential arrest of the petitioner in a routine and mechanical manner.
Ratio Decidendi: The court held that if the FIR discloses the commission of an offense, no interference is warranted. The matters of the petitioner's involvement and extent of involvement fall under the consideration of the Investigating Officer, and arrest is not a mechanical act but should be based on the complicity of a person in the offense and the need for arresting.
Final Decision: The instant writ petition seeking quashing of the FIR was dismissed by the court.
JUDGMENT
Ravindra Maithani, J. - Petitioner seeks quashing of FIR No. 310 of 2020, under Sections 3, 5 & 11 of the Uttarakhand Protection of the Uttarakhand Cow Progeny (Protection) Act, 2007, and Sections 188 and 336 IPC and Section 51 (b) of the Disaster Management Act, 2005, Police Station Kotwali Roorkee, District Haridwar.
2. Heard learned counsel for the parties through video conferencing.
3. According to FIR, upon information having been received, that the petitioner and other co-accused are committing cow slaughtering, the police raided and recovered 180 Kg. beef and other instruments but at the time the petitioner and other co-accused managed to escape.
4. Learned counsel for the petitioner would argue that there is no evidence against the petitioner. According to FIR, while running they were calling each other by their names. It is also argued that there is no legally evidence as of now.
5. It is the petition under Article 226 of the Constitution of India. If the FIR discloses commission of offence, no interference is warranted. In the instant case, the FIR discloses commission of offence. Whether the petitioner is involved in it and if so to what extent? These are the matters which fall for consideration of the Investigating Officer. Therefore, no interferences is warranted as such.
6. Learned counsel for the petitioner apprehends that the petitioner may be arrested in a routine and mechanical manner.
7. 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 observation, the instant writ petition is dismissed.
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