Pradeep Kumar Gupta vs State of U.P. and Another

Court No. - 77

Case :- APPLICATION U/S 528 BNSS No. - 26749 of 2025

Applicant :- Pradeep Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Shukla,Santosh Kumar Pandey

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Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Pawan Kumar Shukla, learned counsel for applicant and learned A.G.A. for State.

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The instant application has been preferred for quashing the entire proceedings of Criminal Case No.1341 of 2024 (State vs. Owner of vehicle, Pradeep Kumar Gupta) arising out of Case Crime No.0005 of 2024, under sections 3/5A/8, 5B of U.P. Prevention of Cow Slaughter Act, 1955; section 11 of Prevention of Cruelty to Animal Act; section 429 I.P.C., P.S. Chakiya, DistrictChandauli, pending in the court of learned Civil Judge (Junior Division)/Judicial Magistrate Chakiya, Chandauli, including charge-sheet dated 02.05.2024 and cognizance order dated 18.09.2024.

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It is the case of applicant that he is the registered owner of vehicle (Mahindra Bolero Pickup) bearing registration No.UP70LT-6914 having Chassis no. MA1ZF2GHKE1H65653 and Engine No. GHE1H50782, which was missing from 24.12.2023 and the intimation has been given through application dated 25.12.2023 before concerned Station House Officer, Police Station Soraon, Commissionerate Prayagraj, which was registered in shape of F.I.R. at Case Crime No.0009 of 2024 on dated 12.01.2024, but immediately before three days, one more F.I.R. has been lodged at Case Crime No.0005 of 2024 at P.S. Chakiya, District- Chandauli in pursuance to sections 3/5A/8, 5B of U.P. Prevention of Cow Slaughter Act, 1955; section 11 of Prevention of Cruelty to Animal Act; section 429 I.P.C., wherein applicant has been implicated on the basis of owner of same vehicle (Mahindra Bolero Pickup) bearing registration No.UP70-LT-6914 having Chassis no. MA1ZF2GHKE1H65653 and Engine No. GHE1H50782. After conducting detail investigation, concerned investigating officer preferred charge-sheet on dated 02.05.2024, wherein applicant has been implicated as accused and it is also apparent from the chargesheet that investigation is still under progress, whereupon

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cognizance of offence has been taken up by learned court of Civil Judge (Junior Division)/Judicial Magistrate Chakiya, Chandauli on dated 18.09.2024 and the applicant has been summoned by learned court concerned in pursuance to sections 3/5A/8, 5B of U.P. Prevention of Cow Slaughter Act, 1955; section 11 of Prevention of Cruelty to Animal Act; section 429 I.P.C.

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Through the instant application, the entire proceedings in pursuance to Case Crime No.0005 of 2024, charge-sheet dated 02.05.2024 along with cognizance order dated 18.09.2024 has bee put under challenge on the basis that once the report regarding missing of vehicle in question has already been preferred by the applicant on dated 25.12.2023, whereupon F.I.R. has been lodged on dated 12.01.2024 at Case Crime No.0009 of 2024, then under which circumstances applicant can be implicated in Case Crime No.0005 of 2024, registered at P.S. Chakiya, District- Chandauli.

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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 the applicant on the ground that F.I.R. being Case Crime No.0009 of 2024 in pursuance to section 379 I.P.C. in respect to vehicle in question has been registered on dated 12.01.2024, whereas applicant has been implicated in pursuance to Case Crime No.0005 of 2024, which has been registered on dated 09.01.2024 itself, meaning thereby implication of applicant cannot be denied only the on the basis of F.I.R. dated 12.01.2024.

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After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that missing report in pursuance to vehicle in question has already been placed before concerned Station House Officer, Soraon, Prayagraj before the date of incident, i.e., 09.01.2024.

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