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2025 DAILYLAW 105462 (ALL)

ASHRAF @ ASHARAF ALI v. State of UP AND ANOTHER

A482/36655/2024 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141870 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36655 of 2024 Applicant :- Ashraf @ Asharaf Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firdos Ahmad 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 19.06.2023, cognizance order dated 24.05.2024 as well as the entire proceedings of Case No.1167 of 2024 (State vs. Azaz Ahmad and Others) arising out of Case Crime No.77 of 2023, under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act; sections 4/25 Arms Act, P.S. Nizamabad, District- Azamgarh, pending in the court of learned Additional Chief Judicial Magistrate, Court No.11, Azamgarh. 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 :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad