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Rajasthan HC quashes FIR against Pehlu Khan, his sons
Jaipur, October 30, 2019
The Rajasthan High Court here on Wednesday ordered quashing of the FIR lodged against Pehlu Khan, his two sons -- Arif and Irshad, and the pickup driver Khan Mohammad, saying the documents proved that the cattle were purchased for dairy purpose and not for slaughter.
An FIR was lodged in 2017 against them on charges of cow smuggling. It was challenged in the court.
According to advocate Kapil Gupta, who represented Khan, the FIR and the charge-sheet against Pehlu Khan, his sons and the driver were quashed by the court of Justice Pankaj Bhandari as it amounted to an abuse of the process of law. FIR and the charge-sheet failed to furnish the basic ingredients of offence, he added.
It could not be proved that the cattle were being transferred for slaughter. They were milch cows and the accused had municipal corporation fee receipt. Hence, the court believed the FIR and the charge-sheet were instances of abuse of power of law, he said.
"Even though the state government had appealed for further investigation, the court believed it (further probe) also amounts to abuse of process of law," said Gupta.
He refused to say if the filing of FIR was part of a conspiracy.
Meanwhile, advocate Kasim Khan, who also represented Pehlu with Gupta, said, in 2017, Pehlu was going to Tapukheda after buying a milch cow from Jaipur. He had all the proofs from the Jaipur Municipal Corporation regarding the purchase. But the police, under the government pressure, filed a fake charge-sheet.
Now, the court after weighing each and every fact quashed the FIR number 253/17 filed under the Rajasthan Bovine Act against Pehlu and his family, he said.
Pehlu was lynched by a mob at Behror in the Alwar district on the suspicion of smuggling cows.
(Our News Desk can be contacted at firstname.lastname@example.org)
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