FIR Based On 'Cow Slaughter' Video: Allahabad High Court Directs Police To Verify Person's Identity In Video Before Taking Action Against Petitioner

"It is expected that if the petitioner is arrested, before taking further action, it would be verified whether the web post is in respect of the petitioner or some other person", directed the Allahabad High Court while hearing the Plea of one Sikandar Ali seeking quashing of the FIR lodged against him for allegedly slaughtering a cow.The Bench of Justice Manoj Misra and Justice Saumitra Dayal Singh, however, refused to quash the First Information Report lodged against the Petitioner.The matter before the CourtThe Petitioner sought quashing of the First Information Report dated 04.05.2020 registered as Case Crime No.-0143 of 2020, under Sections-3/5/8 Cow Slaughter Act and Section 67 Information Technology Act, P.S.-Naugawan Sadat, DistrictAmroha.It may be noted that the FIR against the Petitioner was lodged by a sub-inspector of police upon noticing a viral video in the social media which depicted a person having slaughtered a cow and holding out a cow body part as a trophy.The allegation was that upon inquiry, it was found that the person whose video was circulating in social media is the petitioner (Sikandar Ali @ Sikandar Abbas).The petitioner contended before the Court that he is a resident of Mumbai and neither date nor time of the incident has been disclosed in the FIR, and therefore, the impugned FIR is liable to be quashed.To this, the Court noted,"As the impugned first information report has been lodged on the basis of a web post which is viral in the social media, the said post can be taken as a clue for further investigation of the matter."The Court further observed,"As cow slaughter appears to have been done and a video depicting the same had been posted on the web post, an offence has been committed of which investigation would be required."With these observations and the direction, the petition was disposed of.Notably, the Allahabad High Court recently expressed concern over frequent misuse of the provisions of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, for implicating innocent persons.While hearing the bail application of one Rahmuddin, accused of cow slaughter and sale of beef under Sections 3, 5 and 8 of the said Act, the Single Bench of Justice Siddharth observed,"Act is being misused against innocent persons. Whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Accused persons continue in jail for an offence that may not have been committed at all and which is triable by Magistrate Ist Class, having maximum sentence up to 7 years."Case Title - Sikandar Ali @ Sikandar Abbas v. State Of U.P. And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 10321 of 2020]Click Here To Download Order[Read Order]

FIR Based On 'Cow Slaughter' Video: Allahabad High Court Directs Police To Verify Person's Identity In Video Before Taking Action Against Petitioner

Sparsh Upadhyay

Tags