The application to quash criminal proceedings and all related orders was dismissed. The court did not grant liberty to file a separate bail application at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 86
Case :- APPLICATION U/S 482 No. - 11072 of 2022
Applicant :- Shakeel Ahmed Opposite Party :- State of U.P. and Another Counsel for Applicant :- Araf Khan,Waseem Akram Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for State.
Notice to respondent No.2 is dispensed with.
The present application has been filed to quash the impugned order dated 23.7.2020 passed by CJM, Amroha and order dated 9.3.2022 passed by ADJ-3 Special Court (POCSO), Amroha and entire criminal proceedings arising out of criminal Case No.3477 of 2020 in case crime No.559 of 2019 under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Gajraula, district Amroha.
Learned counsel for applicant, after arguing for some time, submits that present petition may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021, to which learned A.G.A. has no objection.
In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial court within three weeks from today and a bail application is filed, the same be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra).
The petition is disposed of accordingly.
Order Date :- 29.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.29 16:52:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application to quash criminal proceedings under the U.P. Prevention of Cow Slaughter Act should be dismissed without liberty to file a bail application.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and anotherReferred¶8
Satender Kumar Antil versus Central Bureau of Investigation and another Special Leave to Appeal (Cri)No.5191 of 2021
Shakeel Ahmed
State of U.P.
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
