Nikeem v. State of U.P. and Another

Court No. - 80 Case :- APPLICATION U/S 482 No. - 23047 of 2024 Applicant :- Nikeem Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

1. The instant application has been preferred challenging the impugned summoning order dated 27.8.2019 in Case No.1335 of 2019 arising out of Case Crime No.119 of 2019 as well as the entire proceedings registered in its pursuance as Criminal Case No.1335 of 2019 titled as State v. Nikeem, under Sections 307 IPC and 3/5K/8 of Cow Slaughter Act & 11 Gh of Prevention of Cruelty to Animal Act, registered at Police Station Nanauta, District Saharanpur.

1. Learned counsel for the applicant submits that the applicant's name has been falsely implicated in the instant case only on the basis of the confessional statement of the co-accused; the applicant was not present at the spot, and because of the police enmity he has been charge-sheeted in the instant case. To substantiate his argument, he has referred to some of the police reports filed before the court in Case Crime No.310 of 2016, and an order passed in contempt petition filed before this Court in which Court had enquired about the status of the inquiry initiated against S.I. concerned posted at P.S. Gangoh, District Saharanpur.

1. Matter needs consideration.

1. Learned A.G.A. seeks and is granted a week's time to file response to the contentions raised by learned counsel for the applicants.