Dismissed

Waseem v. State of U.P. and Another

Allahabad HC13 Dec 2022A482/24941/2022

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash charge sheet and cognizance in a cow slaughter case, the Court held that prima facie offence was made out based on FIR and witness statements. The prayer for quashing was dismissed, and a direction was given to dispose of the bail application if approached later.

What did the court decide?

Prayer for quashing of charge sheet and cognizance refused. Direction to consider and dispose of bail application subsequently.

Waseem Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 24941 of 2022

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Applicant :- Waseem Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash charge sheet dated 5.4.2018 and cognizance order dated 8.6.2018 of Case No. 2457 of 2018, arising out of case crime no. 235 of 2017, under Section 3/5/8 of U.P. Prevention of Cow slaughter Act., P.S. Milak Khanam, District- Rampur, pending in the court of A.C.J.M.Ist, Rampur.

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As per the allegations made in the F.I.R., it is alleged that the applicant alongwith four others were involved in cow slaughtering and 80 Kg of beef alongwith instruments of slaughtering has been recovered by the police from the place of incident.

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Learned counsel for the applicant has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for the purpose of harassment, as such, impugned charge sheet, cognizance be quashed.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, impugned charge sheet, cognizance cannot be quashed.

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From the allegations made in the F.I.R and the statements of the witnesses recorded under

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section 161 Cr.P.C., prima facie offence is clearly made out against the applicant.

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At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 28 3, the prayer for quashing the impugned charge sheet, cognizance is refused.

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However, in case the applicant appears before the court below and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.

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With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of.

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Order Date :- 13.12.2022 R

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Digitally signed by RAM ASARE MORYA Date: 2022.12.14 12:11:58 IST Reason: Location: High Court of Judicature at Allahabad

Waseem v. State of U.P. and Another

Case brief

What is this about?

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Waseem v. State of U.P. and Another

Case brief

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