Uttarakhand High Court
WPCRL/1139/2011 of RIJWAN ALI Vs STATE OF UTTARAKHAND AND ORS on 30 December 2011
COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1139 of 2011 Rijwan Ali S/o Sri Akman Ali R/o Village Sarkara P.S. Bazpur District Udham Singh Nagar. ….…..Petitioner Versus 1- State of Uttarakhand, through Secretary of Home, Uttarakhand Govt., Dehradun. 2- Station House
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 1139 of 2011
Rijwan Ali S/o Sri Akman Ali R/o Village Sarkara P.S. Bazpur District Udham Singh Nagar.
….…..Petitioner
Versus
1- State of Uttarakhand, through Secretary of Home, Uttarakhand Govt., Dehradun. Uttarakhand Govt., Dehradun.
2- Station House Officer, P.S. Kotwali Ramnagar, District Nainital. District Nainital.
3- Sub Inspector Jaswinder Singh, P.S. Balparaw, Ramnagar, Nainital. Ramnagar, Nainital.
……Respondents
Mrs. Nishat Intezar, Advocate, holding brief of Mr. Ahrar Baig, present for the petitioner. Mr. S.S.Adhikari, A.G.A., present for the State.
Hon’ble Prafulla C. Pant, J.
Heard.
2) By means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 07.12.2011, registered as Crime No.255 of 2011, relating to offence punishable under Section 3/6/11 of Uttarakhand Protection of Cow Progeny Act, 2007, at Police Station- Ramnagar, District Nainital.
3) Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the crime. It is further pleaded that the petitioner is minor, and a student. In the First Information Report, it has been alleged that some cattle belonging to cow progeny were illegally transported for slaughtering in the truck, and the petitioner was driving the vehicle.
4) Having considered submissions of learned counsel for the petitioner, and the learned counsel for the State and after going through the papers on record, this Court is not inclined to interfere with the investigation of the case.
5) Therefore, the writ petition is dismissed summarily, with the observation that if the petitioner Rijwan Ali, surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay, keeping in mind that he is minor. (Stay Application No. 13924 of 2011, stands disposed of).
30.12.2011 JM
(Prafulla C. Pant, J.)