Husan Ali vs State Of Uttarakhand And Others

Ravindra Maithani, J

Petitioner seeks quashing of FIR No. 492 of 2020, under Sections 3, 5 & 11 of the Uttarakhand Protection of the Uttarakhand Cow Progeny (Protection) Act, 2007, Police Station Manglore, District Haridwar.

Heard learned counsel for the parties through video conferencing.

According to FIR, Police received information that the petitioner and one another person is committing cow slaughtering. The house was raided on 2nd August, 2020. From the house of the petitioner, beef and other instruments were recovered. The petitioner managed to scape. Learned counsel for the petitioner prays for directions that the petitioner may not be arrested mechanically.

It is a petition under Article 226 of the Constitution of India. Generally if the FIR discloses commission of offences no interference is warranted. In the instant case, FIR discloses commission of the offence. Therefore, this Court is of the view that no interference is warranted in this matter and the petition deserves to be dismissed.

Learned counsel for the petitioner submits that the petitioner may be arrested in a routine manner without following the statutory provisions.

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.

With the above observation, the instant writ petition is dismissed.