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2025 DAILYLAW 101589 (ALL)

ILYAS v. State of U.P. AND ANOTHER

A482/33016/2024 · 2025-07-30

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127729 Court No. - 77 Case :- APPLICATION U/S 482 No. - 33016 of 2024 Applicant :- Ilyas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Singh Yadav,Dharmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 21.07.2023, cognizance/summoning order dated 24.07.2023 as well as the entire proceedings of Case No.6045 of 2023 (State vs. Ilyas) arising out of Case Crime No.50 of 2023, under section 5kha of U.P. Prevention of Cow Slaughter Act, 1955; section 11 of Prevention of Cruelty to Animal Act, 1960, P.S. Babri, District- Shamli, pending in the court of learned Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Kairana, Shamli. 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 cognizance/summoning order are liable to be quashed by this Court. 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 averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and as such prima-facie offence has been made out against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet and cognizance/summoning order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 31.7.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad