Disposed

Mo. Maksood @ Maksood Kasai v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and Another

Allahabad HC4 Feb 2025A482/853/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a charge sheet in a cow slaughter and cruelty-to-animals case and stay of proceedings was not decided on merits; the Court disposed of the application granting liberty to seek bail and file a discharge application before the trial court.

What did the court decide?

Liberty to apply for bail before the trial court, to be decided expeditiously, and liberty to file a discharge application to be decided expeditiously in accordance with law.

Mo. Maksood @ Maksood Kasai Vs State of U.P. Thru. Its… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:7004

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 853 of 2025

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Applicant :- Mo. Maksood @ Maksood Kasai Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed by the applicant for the following main relief:-

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"Wherefore, it are most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet filed by the Investigating Officer of Police in Case Crime No. 1137/2006, Under Sections-413 IPC & 3/5A/8 U.P. Prevention of Cow Slaughter Act and Section 11/38 of the Prevention of Cruelty to Animal Act, at Police Station- Kudwar, District- Sultanpur and further be pleased to stay NBW+NS+82+83 dated 19.05.2022 proceeding in S.T. No. 191/07 "State v. Mo. Maksood @ Maksood Kasai Kasai" pending before ADJ, Court No.7, Sultanpur, in the interest of justice."

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After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided 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, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 , and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicant.

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Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 4.2.2025 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Mo. Maksood @ Maksood Kasai v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Mo. Maksood @ Maksood Kasai v. State of U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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