IRFAN AND OTHERS Vs. STATE OF U P THRU SECY HOME AND OTHERS
LAWS(ALL)-2017-3-411
HIGH COURT OF ALLAHABAD
Decided on March 23,2017

Irfan And Others Appellant
VERSUS
State Of U P Thru Secy Home And Others Respondents

JUDGEMENT

- (1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No.42 of 2017, under sections 3/5/8 of the Uttar Pradesh Cow Slaughter Act and Section 3/25 Arms Act and Section 307 Indian Penal Code, Police Station Tadiyawan, District Hardoi.
(2.) We have carefully gone through the impugned First Information Report. Allegation is that when house of Usman was raided, four persons were present. They fired at the police party. With difficulty Usman could be apprehended, however, co-accused fled. From the custody of Usman a fire arm has been recovered. Usman informed the police party that the other person who had fired the shot was Irfan petitioner no.1. Names of petitioner 2 and 3 have also been mentioned in the impugned First Information Report as co-accused.
(3.) The only contention of learned counsel for the petitioners is that the recovery has been effected from the house of Usman and, therefore, petitioners cannot be held responsible.;


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