Raheesh v. State Of U.P. And 3 Others
Case at a glance
Outcome
Disposed of
The writ petition is disposed of leaving it open for the
Provisions considered
- Constitution of India art. 226
- Uttar Pradesh Prevention of Cow Slaughter Act, 1955 ss. 5, 8
- Arms Act, 1959 ss. 4, 5
- Even the Gangster Act
Key paragraphs
- Para 66. The writ petition is disposed of leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law.
Judgment
Heard Sri Rizwan Ullah Siddiqui, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned State Law Officer for the State-respondent and perused the record.
The petitioner, by means of this writ petition under Article 226 of the Constitution of India, has invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 24.03.2025, registered as Case Crime No.0051 of 2025, under Section 5/8 of The Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and section 4/5 of Arms Act, 1959, Police Station Gagalhedi, District Saharanpur. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioner submits that the impugned FIR has been lodged on false/vexatious/mischievous allegations and no offences are made out against the petitioner.
Learned AGA for the State-respondents opposed the prayer for quashing of the FIR and states that the petitioner is a habitual offender. Previously he is also implicated in two other cow slaughter matters. Even the Gangster Act has also been invoked against the petitioner in the year 2019 and he is having long criminal antecedents of 8 cases. The FIR discloses cognizable offence.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation and therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021 and the latest judgment in Criminal Appeal No. 843 of 2024 arising out of Special Leave Petition (Crl.) No. 10913 of 2023 (Directorate of Enforcement vs. Niraj Tyagi & ors.), no case has been made out for interference with the impugned first information report.
Operative part
The writ petition is disposed of leaving it open for the petitioner to apply before the competent court for bail/ anticipatory bail in accordance with law.
It is made clear that we have not adjudicated the contentions raised by learned counsel for the petitioner and the same are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 6.5.2025 VKG VIJAY KUMAR GUPTA High Court of Judicature at Allahabad
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of leaving it open for the
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — ss. 5, 8; Arms Act, 1959 — ss. 4, 5; Even the Gangster Act.
Which court decided this case, and when?
Allahabad High Court, on 06 May 2025. The bench was MAHESH CHANDRA TRIPATHI, ANIL KUMARX.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.