SAFIQUE Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. This writ petition has been filed for quashing an F.I.R and staying arrest of the petitioner in Case Crime No. 806 of 2011, under Sections 3/5/8 of Prevention of Cow Slaughter Act and 3/11 (D) Animal Cruelty Act, P.S. Ajeem Nagar, district - Rampur.

(2.) IT cannot be said that on the allegations in the FIR, no prima facie case is disclosed.

(3.) HOWEVER , by the amendment vide Act No. 5 of 2009, which has come notified 01.11.2010, it has been provided in Section 41(1)(b) Cr.P.C. that a person against whom credible information of being involved in a cognizable offence punishable with imprisonment of 7 years or less is reported to the police officer, the accused can only be arrested if the police officer is satisfied that: