Mohd Javed and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Mohd Javed and 5 Others vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: further proceedings of Criminal Case No. 1907 of 2017 stayed against the applicants until further orders; notice to private opposite party no. 2 through C.J.M. concerned returnable at an early date; A.G.A. and opposite party no. 2 to file counter affidavit within three weeks; rejoinder affidavit within one week; case listed after eight weeks. Supplementary affidavit taken on record; delay in filing explained.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 1907 of 2017 and the cognizance/summoning order dated 13.04.2017 passed by the ACJM, Court No. 10, Allahabad are liable to be quashed under Section 528 BNSS.

Court's answer

Prima facie, the matter requires consideration.

Ratio / Principle

Until further orders, further proceedings of Criminal Case No. 1907 of 2017 shall remain stayed against the applicants.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Sanjay Kumar Pachori, J.), order dated May 7, 2026 in Application U/S 528 BNSS No. 9675 of 2026 — Mohd Javed and 5 others v. State of U.P. and another. Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash the entire proceedings of Criminal Case No. 1907 of 2017, arising out of Case Crime No. 09 of 2017 under Sections 3/5/8 of the U.P. Prevention of Cow Slaughter Act, P.S. Jhunsi, District Allahabad, and the cognizance/summoning order dated 13.04.2017 of the Additional Chief Judicial Magistrate, Court No. 10, Allahabad. Counsel for the applicants contended the FIR dated 03.01.2017 was false, frivolous and lodged with ulterior motive against seven named persons (applicant no. 6 named on a co-accused's confessional statement), with recovery of one buffalo and one animal of the cow family from a Pick-up vehicle, and no pre-summoning evidence. Delay in filing explained; supplementary affidavit taken on record. Court held 'Prima facie, matter requires consideration'; notice issued to private opposite party no. 2 through the C.J.M.; counter affidavit within three weeks and rejoinder within one week; case listed after eight weeks; until further orders, further proceedings of the case stayed against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 9675 of 2026

Mohd Javed And 5 Others

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Mohammad Belal
Counsel for Opposite Party(s) : G.A.

Court No. - 76

HON'BLE SANJAY KUMAR PACHORI, J.

Supplementary affidavit filed today is taken on record.

Sri Mohammad Belal, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State are present.

The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 1907 of 2017, arising out of Case Crime No. 09 of 2017, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Jhunsi, District Allahabad as well as cognizance/ summoning order dated 13.04.2017, pending in the court of Additional Chief Judicial Magistrate, Court No. 10, Allahabad.

Delay in filing the present application has been explained.

Learned counsel for the applicants submitted that impugned FIR dated 03.01.2017 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that the impugned FIR has been lodged against seven named persons including the present applicants. Name of the applicant no. 6 surfaced on the basis of confessional statement of arrested co-accused persons. As per allegations of FIR, one buffalo and one animal of cow family have been recovered from one Pick-up vehicle. It is further submitted that there is no pre summoning evidence with regard to the theft of the aforesaid animals. There is no pre summoning evidence to

NA528 No. 9675 of 2026

2

constitute the offence as alleged against the applicant.

Prima facie , matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to private opposite party no. 2 through C.J.M. concerned, returnable at an early date.

Learned A.G.A. as well as private opposite party no. 2 may file a counter affidavit within three weeks.

Rejoinder affidavit may thereafter be filed within one week.

List this case after eight weeks.

Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant.

May 7, 2026

MAA/-

(Sanjay Kumar Pachori,J.)

Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad