Zaid Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:78524

Court No. - 74

Case :- APPLICATION U/S 482 No. - 17277 of 2024

Applicant :- Zaid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Harish,Ram Lakhan Deobanshi,Utkarsh Yogi Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the parties.

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Present application has been preferred with the prayer to quash the entire proceeding of Criminal Case no. 7472 of 2023 (S.T. no. 448 of 2023) (State vs. Zaid) under sections 3/5/8 of U.P.Prevention of Cow Slaughter Act, 1955 and Section 11(d) of Prevention of Cruelty to Animal Act, 1960 and Section 34 of IPC, PS- Thariyanv, District Fatehpur, presently pending before the court of learned Additional Session Judge/F.T.C. IInd, Fatehpur and charge sheet no. 14-A/23, dated 23.02.2023 filed in Case Crime no. 306 of 2022 as well as impugned summoning order dated 15.03.2023 passed by learned Judicial Magistrate, Court no. 1, Fatehpur, in Criminal Case no. 7472 of 2023.

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Learned counsel for applicant submitted that FIR has been lodged by first informant, Sub-Inspector Mukesh Kumar Singh against 5 persons including applicant on dated 19.11.2022 bearing Case Crime no. 306 of 2022 over the allegation that on dated 19.11.2022, the concerned police spotted a container in accidental condition loaded with cow and its progenies and it was informed that the same was being driven on instruction of persons riding in a Red Brezza Car no. UP90 1786. Applicant was neither present on the spot nor was arrested therefrom.

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While challenging the entire proceedings, it is contended by learned counsel for applicant that in Parcha C.D.-3 dated 22.11.2022, Investigating Officer, claimed to have recorded the statements of two arrested accused persons namely Jaleel and Shahjaad under Section 161 Cr.P.C. and on the basis of that he made an endorsement in the Case Diary that they have told the name of accused person including applicant. He also copied statement of both accused person in the Case Diary but

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surprisingly, enough in their statements, they have not taken the name of any person involved in the case. Applicant is neither the owner of Red Brezza Car nor he has any concern with the instant case. The Investigating Officer without collecting credible evidence during investigation in a mechanical manner and in absence of any valuable material submitted sketchy charge sheet dated 23.02.2023 against the applicant which is not sustainable in the eye of law.

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Per contra, learned AGA vehemently opposed the prayer sought through the instant application.

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After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that the entire argument whatsoever has been made by learned counsel for the applicant is subject matter of strict proof of evidence as well as the same has to be corroborated on the basis of the statements recorded by Prosecution and Defence Witnesses and as per the information received through learned counsel for the applicant, the stage of the trial is still for framing of charges and as such the other remedies are still available before the applicant for adducing the evidences whatsoever has not been adduced and taken on record by concerned Investigating Officer for proving him not guilty.

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On the basis of the observation made above, no cause of action is available for this Court to interfere with the procedure which is pending as well as for interfering in the entire proceeding which has been put under challenge by applicant only on the basis of the facts as mentioned in the instant petition.

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The instant application is hereby dismissed .

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Order Date :- 13.5.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Zaid v. State of U.P. and Another

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Zaid v. State of U.P. and Another

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