Pothiram Alias Chhotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Pothiram Alias Chhotu Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the charge-sheet dated 10.08.2024, the cognizance/summoning order dated 07.01.2025 and the entire proceedings of Criminal Case No.1037 of 2025 (State vs. Sagar and Another), arising out of Case Crime No.345 of 2024 under Sections 9, 39, 48 and 51 of the Wild Life (Protection) Act, 1972, pending before the Chief Judicial Magistrate, Budaun, ought to be quashed. +1 more

Court's answer

The learned trial court was directed to proceed with the trial, with which the applicant shall co-operate through counsel except on the specific dates mandated as per law, those dates being communicated to the applicant through his counsel.

Ratio / Principle

The allegations fastened against the applicant can only be proved during trial, and the entire arguments raised by learned counsel for the applicant are subject matter of the outcome of the trial.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Saurabh Srivastava, J.; Neutral Citation 2025:AHC:81431; Order dated 16.5.2025) disposed of an application under S. 528 BNSS seeking quashing of the charge-sheet dated 10.08.2024, the cognizance/summoning order dated 07.01.2025, and the entire proceedings of Criminal Case No.1037 of 2025 (State vs. Sagar and Another) arising out of Case Crime No.345 of 2024, under Sections 9, 39, 48 and 51 of the Wild Life (Protection) Act, 1972, P.S. Civil Lines, District Budaun, pending before the Chief Judicial Magistrate, Budaun. The applicant had been implicated, along with co-accused, on the basis of a video clip in which many persons appear but from which he was recognized with name and identity at the charge-sheet stage, after closure of the inquiry. Holding that the allegations against the applicant could only be proved during trial and that all arguments raised by his counsel were matter for the outcome of the trial, the Court declined to interfere and directed the trial court to proceed with the trial, the applicant to co-operate through counsel except on dates mandated by law.

Neutral Citation No. - 2025:AHC:81431

Court No. - 74

Case :- APPLICATION U/S 528 BNSS No. - 17304 of 2025 Applicant :- Pothiram Alias Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

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

The instant application has been preferred for quashing charge-sheet dated 10.08.2024 along with cognizance/summoning order dated 07.01.2025 and the entire proceedings of Criminal Case No.1037 of 2025 (State vs. Sagar and Another) arising out of Case Crime No.345 of 2024, under sections 9, 39, 48, 51 of Wild Life (Protection) Act, 1972, P.S. Civil Lines, District- Budaun, pending before learned court of Chief Judicial Magistrate, Budaun.

It has been submitted by learned counsel for applicant that the basis of implication of applicant is a video clip, wherein so many persons are apparent, but applicant along with other co-accused have been recognized with name and identity and as such they were implicated at the stage of preferring charge-sheet, wherein the entire inquiry has already been closed.

Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that in any case, the evidence has to be tried before learned trial court only on the basis of proving the same by concerned witnesses, but at this stage no interference can be drawn by this Court.

After having rival submissions extended by learned counsel for the parties as well as considering the age of applicant along with severity of crime committed as per the charge-sheet, whereupon cognizance of offence has been taken up by learned court concerned, the allegation fastened against the applicant can only be proved during trial and the entire arguments whatsoever has been raised by learned counsel for applicant is subject matter of outcome of the trial.

In view of above, learned trial court is hereby directed to proceed with trial and the same shall be co-operated by the applicant through counsel, except on the specific dates which is mandated as per law and the same shall be communicated to the applicant through his counsel.

On the above-mentioned observation, the instant application is hereby disposed of .

Order Date :- 16.5.2025/Saif

Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad