Partly allowed

Sandeep Kumar Singh v. State of U.P.

Allahabad HC16 Sept 2020A482/13493/2020

Case brief

AI extract

What is this about?

This single judge dismissed a writ petition seeking quashing of criminal proceedings under the Prevention of Cow Slaughter Act. While refusing quashing due to existence of a prima facie case, the court granted a 30-day stay against coercive action if the applicant surrenders and applies for bail.

What did the court decide?

Dismissed the application for quashing but granted 30-day stay against coercive action pending surrender and bail application.

Sandeep Kumar Singh Vs State of U.P. — Arbitration | Allahabad HC (2020)

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Court No. - 77 Case :- APPLICATION U/S 482 No. - 13493 of 2020 Applicant :- Sandeep Kumar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Kshitij Pal Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA - I, for the State.

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This application has been filed under section 482 Cr.PC with a prayer seeking stay/quashing of the charge sheet No.2/2020 dated 7.5.2020 in Case Crime No. 261/2019, under section 3/5A/8 Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Animal Cruelty Act, 1960, Police Station -Balua, District- Chandauli, cognizance order dated 6.6.2020 by ACJM-I, Fast Track Court, Chandauli pending before A.C.J.M.-I, FTC, Chandauli.

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The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of harassment. He pointed out certain documents and statements in support of his contention.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the Bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under section 482 Cr.PC. At this stage only prime facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.)283 .

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The prayer for quashing the proceedings of the aforesaid case pending before the court concerned is refused.

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However, it is directed, that in case applicant appear and surrender before the court below within 30 days from today and apply for bail the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.

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With the above directions, present application is disposed off.

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Order Date :- 16.9.2020 ssm

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Digitally signed by Justice Vivek Kumar Singh Date: 2020.09.16 17:06:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Sandeep Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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