NASIM Vs. SENIOR SUPERINTENDENT OF POLICE SAHARANPUR

JUDGEMENT

(1.) Whether a person who, after fastening the legs and mouth of a cow by rope makes it lie on the floor of his courtyard, sits on its neck with a knife of 38 centimeters blade in his hand (and the other person hold its tail) and after reading Kalma about to slaughter it, comes within the mischief of Sections 3 and 8 of the U.P. Prevention of Cow Slaughter Act, 1956 (hereinafter referred to as the Act) is the question which requires our answer in this writ petition.

(2.) The petitioner has come up with a prayer to quash the First Information Report dated 20-11-2001 giving rise to registration of Case Crime No. 266 of 2001 P.S. Behat, District Saharanpur under Sections 3/5/8 of the Act as contained in Annexure-1.

(3.) A perusal of the impugned First Information Report shows, inter alia, to this effect:- It has been lodged by Sub Inspector Jagveer Singh Tomar of P.S. Behat, District Saharanpur, who was informed by Mukhbir in regard to slaughter of a cow by the petitioner in his house, he rushed to his house and saw through the holes of the door, which was closed from inside, a black cow whose mouth and four legs were tied by ropes lying on the courtyard and the petitioner armed with a knife having a blade of 38 centimeter in his right hand sitting on its neck and the co-accused Shahzad Son of Ayub alias Mamdu Quraishi was found holding its tale from behind, he heard of his saying to the Petitioner that much meat will be found and to read out Kalma quickly and thus he was convinced that in fact they wanted to slaughter the cow, he thereafter repeatedly pushed the door, opened it and entered the house as a result of which both accused fled away after leaving out the knife.