Case Note & Summary
The applicant, Go-Vigyan Anusandhan Kendra, Devlapar, Nagpur, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 121 of 2011 registered at Police Station, Nagpur, for alleged offences under the Maharashtra Animal Preservation Act, 1976. The FIR alleged that the applicant was involved in cow slaughter and possession of cow flesh. The applicant contended that there was no evidence to show that the meat in question was cow flesh, and the allegations were baseless. The State opposed the application, arguing that the investigation was ongoing. The court, after hearing both sides, observed that the material on record did not establish a prima facie case against the applicant. The court noted that the meat samples had not been tested or proven to be cow flesh, and without such proof, no offence under the Maharashtra Animal Preservation Act, 1976 could be made out. Consequently, the court allowed the application and quashed the FIR and all proceedings arising therefrom. The court also directed that interim relief, if any, shall continue until the disposal of the application.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Evidence - Applicant sought quashing of FIR alleging cow slaughter and possession of cow flesh - Court held that without proof that the meat was cow flesh, no offence under Maharashtra Animal Preservation Act, 1976 is made out - FIR quashed (Paras 1-5).
Issue of Consideration
Whether the FIR and criminal proceedings against the applicant for alleged cow slaughter and possession of cow flesh should be quashed for lack of prima facie evidence.
Final Decision
Application allowed. FIR No.121 of 2011 and all proceedings arising therefrom are quashed. Interim relief to continue until disposal.
Law Points
- Quashing of FIR
- Lack of prima facie evidence
- No offence under Maharashtra Animal Preservation Act
- 1976
- Section 482 CrPC
