Dismissed

Chhote Lal and 2 Others v. State of U.P. and Another

Allahabad HC26 Nov 2020A482/17289/2020

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. to quash criminal proceedings and charge sheet in a cow slaughter case was dismissed. The court held that the factual dispute regarding the cause of death is for the Trial Court and the proceedings cannot be throttled at the quashing stage.

What did the court decide?

Application seeking quashing of criminal proceedings and charge sheet under S. 482 Cr.P.C. is dismissed.

Chhote Lal and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 40

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Case :- APPLICATION U/S 482 No. - 17289 of 2020

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Applicant :- Chhote Lal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for the applicants, learned AGA and perused the record.

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The present application under section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings as well as charge sheet in Criminal Case No. 170 of 2020 and in Case Crime No. 176 of 2019 and cognizance order on charge sheet dated 13.01.2020 under Section 3/8 U.P. Prevention of Cow Slaughter Act, Police Station Bagwala, District Etah pending in the court of Judicial Magistrate, Etah.

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The ground to quash the proceedings are that the allegations made in the FIR are against the applicants for beating the bull and on account of beating the bull died on 21.8.2019. In the post mortem report of the bull, the cause of death has been mentioned asphyxia which does not support the prosecution version. The investigation was concluded mechanically and the charge sheet was filed. The Court concerned also took the cognizance on the charge-sheet without applying his judicial mind. The proceedings before the Court concerned are misuse of the process of the Court.

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Learned AGA has vehemently opposed this application.

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The FIR is Annexure-1 of the affidavit. From the bare perusal of the FIR, it cannot be said that no offence as alleged is made out against the accused persons under Section 3/8 U.P. Prevention of Cow Slaughter Act. The factual issue raised by learned counsel for the applicants is that in the post mortem report, the cause of death is mentioned as asphyxia and same does not support the prosecution version which is not tenable at this stage. As this issue can be determined by the Trial Court at the stage of trial.

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The charge-sheet has been filed by the investigating officer concerned after concluding the investigation and the cognizance has been taken by the Court concerned. If the applicants are aggrieved from the evidence recorded by the investigating

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officer, they may move application for discharge before the Court concerned at the proper stage, but at this stage the proceedings before the Court concerned cannot be throttled. As such, this Court is not inclined to interfere in the matter.

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Accordingly, the present application is dismissed.

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Order Date :- 26.11.2020 Ravi Prakash

Chhote Lal and 2 Others v. State of U.P. and Another

Case brief

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Chhote Lal and 2 Others v. State of U.P. and Another

Case brief

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