Talib and Another v. State of U.P. and Another
Case brief
What is this about?
Allahabad High Court, 3.3.2025, Vinod Diwakar J.: Section 482 CrPC application (No. 31159 of 2024) by Talib and another against Sessions Judge Mau's dismissal of Cr. Revision 85/2024 and Judicial Magistrate Mau's 30.01.2024 rejection of discharge in Criminal Case 1002/2022 (Case Crime 267/2018, U.P. Prevention of Cow Slaughter Act Ss.3,5,8 — incl. contested S.5(a) not invoked at charge-framing — and Prevention of Cruelty to Animals Act S.11, P.S. Mohammadabad, Mau) — dismissed; discharge-stage test limited to prima facie case; concurrent trial/revisional findings bar S.482 interference absent illegality, perversity or jurisdictional error; pleas preserved for charge-framing stage.
What did the court decide?
At the stage of discharge, the court is not required to meticulously evaluate the credibility or sufficiency of evidence; the scope of consideration is limited to assessing whether a prima facie case is made out.