SABBIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On 24.5.1992 a F.I.R. was lodged with the Govt. Railway Police, Mughalsarai by respondent No. 4 alleging that on that date in the afternoon 18 waggons loaded with bullocks had been seen in the down receiving yard which were being transported to West Bengal for being slaughtered. In the aforesaid report it was requested by the informant that further movements of the waggons be stopped.

(2.) It further appears that on 26.5.1992 an application was filed by the respondent No. 4 before the III A.C.J.M., Varanasi alleging that 230 old bullocks were being carried in 23 waggons through rail transport to Howrah where they will be slaughtered. From the perusal of the aforesaid application, a true copy of which has been filed a Annexure 3 to the writ petition it appears that violation of sections 3, 5-A punishable under Section 8 of the D.P. Prevention of Cow Slaughter Act, 1955 was apprehended and it was requested that report be called for from the Govt. Railway Police, Mughalsarai and suitable action be taken to punish for the guilty. It further appears that on the basis of the application referred to above the III A.C.J.M., Varanasi had called for are port from the G.R.P. Mughalsarai. This report was submitted on 27.5.1992 and a true copy of the aforesaid report has been filed as Annexure 5 to the writ petition. In the aforesaid report it has been mentioned that 240 bullocks were being transported in 24 waggons apart from cows and buffaloes which were double edged milk yielding (Dudharu). The report indicated that the bullocks were fully grown up and appeared to be of advance age. It was further reported that some of the persons who were along with the aforesaid consignment showed certain permits for transporting the bullocks from Punjab to West Bengal. It was further stated in the report that a case Crime No. 214 of 1992 under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act had been registered on the basis of the F.I.R. The Govt. Railway Police had requested the III A.C.J.M. Varanasi for suitable orders in the matter after hearing parties so that further action could be taken.

(3.) The present writ petition was filed by the petitioners on 1.6.1992 praying for the issue of a writ order or direction quashing the First Information Report dated 26.5.1992 and for a writ order or direction in the nature of mandamus restraining the respondents not to arrest the petitioners in pursuance of the aforesaid First Information Report. Petitioners have further prayed for a direction requiring the respondents to permit the transportation of the bullocks in question to their final destination namely Howrah in the State of West Bengal and further requiring the respondents not to claim any demurrage or other charge from the petitioners in respect of illegal detention of the goods which has been done at the own initiative of the respondents.