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2025 DAILYLAW 101359 (ALL)

KAPILDEV CHAUBEY @ KAPIL CHAUBEY v. STATE OF U.P. AND ANOTHER

NA528/37451/2025 · 2025-09-24

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37451 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS has been filed for quashing the entire proceedings of Case No. 1501 of 2024 (State vs. Kapil Chaubey & Others) arising out of Case Crime No. 98 of 2024, Under Sections 3/5A/5B, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station Shahabganj, District Chandauli pending in the Court of Additional Civil (Junior Division)/Judicial Magistrate, Chandauli as well as the impugned summoning order dated 14.11.2024 and chargesheet dated 24.09.2024. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and summoning order are liable to be quashed by this Court. Learned counsel for applicant also sought parity with the order dated 05.08.2025 passed by this Court in Application u/s 528 BNSS No.19827 of 2025, wherein the entire proceedings of above- mentioned case in respect of said co-accused has already been quashed and further stated that role of applicant is similar to the co-accused. 4. Per contra, learned A.G.A. for the State 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 the arguments whatsoever has been raised by learned counsel for applicant is amenable before learned trial court. Versus Counsel for Applicant(s) : Dhananjai Rai, Udit Singh Counsel for Opposite Party(s) : G.A. Kapildev Chaubey @ Kapil Chaubey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Although the parity has been sought from order dated 05.08.2025, wherein it is specifically mentioned in the instructions so received by learned A.G.A. that co-accused (applicant therein) was not having any criminal history, but in the instant matter applicant is having criminal history, wherein he has already been implicated and further be released on bail and as such parity of the above order, cannot be applicable in the instant matter. 5. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, this Court finds that no grounds are available for seeking quashing of entire proceedings arising out of Case Crime No.98 of 2024 and as such the instant application lacks merit. 6. The instant application under section 528 BNSS stands dismissed accordingly. September 25, 2025 Saif NA528 No. 37451 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad