Dismissed¶16

State of U.P. v. Ejaz s/o Usman

Allahabad HC10 Sept 2025CRLR/5729/2024

Case brief

AI extract

What is this about?

State of U.P. v. Ejaz s/o Usman — Criminal Revision No. 5729 of 2024, High Court of Judicature at Allahabad, Subhash Chandra Sharma, J., decided September 11, 2025. State's revision against the 29.07.2024 appellate order (Criminal Appeal No. 48 of 2022, Pilibhit) confirming the 14.09.2022 acquittal of Ezaz under Section 3/5/8 of the Cow Slaughter Act (trial: Criminal Case No. 3002 of 2016); court found no error of fact or law, held the revision devoid of merit, and dismissed it at the admission stage; acquittal upheld.

What did the court decide?

There appears no error of fact or law in the judgment and order passed by the learned appellate court as well as the learned trial court acquitting the accused. ¶15

State of U.P. Vs Ejaz s/o Usman — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

CRIMINAL REVISION No. - 5729 of 2024

¶3

State of U.P.

¶4

.....Revisionist(s)

¶5

	Versus
Ejaz S/O Usman		.....Opposite Party(s)
Counsel for Revisionist(s)	:	Ashutosh Kumar Sand
Counsel for Opposite Party(s)	:

¶6

Court No. - 84

¶7

HON'BLE SUBHASH CHANDRA SHARMA, J.

¶8

Heard learned counsel for the revisionist and perused the record.

¶9

Present criminal revision has been filed by the State against the judgment and order dated 29.07.2024 passed by the learned Additional Session Judge, Court No.1, District Pilibhit in Criminal Appeal No. 48 of 2022 (State Versus Ezaz) which was preferred against the judgment and order dated 14.09.2022 passed by the Additional Chief Judicial Magistrate, Court No.2, District Pilibhit in Criminal Case No. 3002 of 2016 (State Versus Ezaz), by which learned trial court has acquitted the accused Ezaz of the charges and also dismissed the appeal.

¶10

Facts in brief are that on 15.05.2025 Sub-Inspector R.B. Singh with other police personnel on the basis of information approached the house of Mohd. Hanif from where he recovered flesh of cow weighing 150 Kg. but accused succeeded to flee away from the spot and could not be arrested. During the course of investigation, flesh was sent for examination in which it was found belonging to cow progeny. The instruments of slaughtering animal were also recovered from the spot and fard was recovered on the basis of which case was got registered at the police station concerned on the same day.

¶11

After investigation, charge sheet was filed against the accused/opposite party Ezaz and on the basis of which cognizance was taken and after providing prosecution papers to the accused, charge was framed against him. After recording the evidence of the prosecution witnesses and the

¶12

CRLR No. 5729 of 2024

¶13

¶14

statement of the accused under section 313 Cr. P.C., learned trial court passed the order of acquittal to accused Ezaz of the charges since prosecution failed to prove the case beyond reasonable doubt. Learned Appellate Court also appreciated the evidence on record and confirmed the judgment and order passed by the learned trial court. It found that flesh of cow progeny was recovered from the house of Mohd. Hanif and Ezaz was made an accused, who was not arrested from the house of Mohd. Hanif wherein incident is said to have taken place. Mohd. Hanif was not charge sheeted in this case, he was also examined as prosecution witness before the learned trial court who stated that he had given his house on rent to Bablu but not to Ezaz. There was no any material on record to show that the accused Ezaz was slaughtering the cow and collected flesh in the house of Mohd. Hanif and he could not be arrested from the spot. No any witness was there to justify that Ezaz has slaughtered the cow or cow progeny. In this way, learned trial court as well as learned appellate court found that prosecution failed to prove beyond reasonable doubt the charges under Section 3/5/8 of the Cow Slaughter Act against the accused Ezaz and acquitted of the charges, as a result appeal was also dismissed.

¶15

In the considered opinion of this Court, there appears no any error of fact or law in the judgment and order passed by the learned appellate court as well as the learned trial court, but this criminal revision being devoid of merit, is liable to be dismissed.

¶16

Accordingly, the present criminal revision is dismissed at the admission stage itself.

¶17

(Subhash Chandra Sharma,J.)

¶18

September 11, 2025 T.S.

¶19

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

State of U.P. v. Ejaz s/o Usman

Case brief

What is this about?

What did the court decide?

State of U.P. v. Ejaz s/o Usman

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases