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2025 DAILYLAW 106379 (ALL)

KAPIL CHAHAL @ KAPIL CHAUDHARY AND 4 OTHERS v. State of UP AND ANOTHER

A482/37496/2024 · 2025-08-18

Saurabh Srivastava

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:141807 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37496 of 2024 Applicant :- Kapil Chahal @ Kapil Chaudhary And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application has been preferred for quashing the entire proceedings of Criminal Case No.560 of 2024 (State vs. Kapil Chaudhary and Others) arising out of Case Crime No.221 of 2022, under section 429 I.P.C. and sections 11(1)(a) & 11(1) (I) of Prevention of Cruelty to Animals Act, 1960, P.S. Mawana, District- Meerut, pending in the court of learned Judicial Magistrate, Mawana, Meerut, including charge-sheet dated 12.06.2023 as well as cognizance/summoning order dated 24.07.2024. 3. Learned counsel for applicants submitted that the entire proceedings initiated against the applicants is against the material available on record; the allegation levelled against the applicants is false and frivolous. It is further submitted that the applicant no.1 has already preferred an application dated 19.05.2022 before Sub Division Officer, Mawana, Meerut stating about the earlier incident dated 14.05.2022 that a mad dog has bitten him and his daughter and requesting to catch up the said dog, upon which no action has been taken by concerned authority. Instead of taking some necessary action, on account of false information, applicants have been implicated by opposite party no.2, i.e., Secretary, Animal Care Society and as such the same is liable to be quashed. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but he could not dispute the application preferred at the behest of applicant no.1 before Sub Divisional Officer, Mawana, Meerut. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of records, the arguments made by learned counsel for applicant seems to be justified. 6. In view of aforementioned facts and circumstances, the entire proceedings initiated in shape of Case No.560 of 2024 (State vs. Kapil Chaudhary and Others) arising out of Case Crime No.221 of 2022, under section 429 I.P.C. and sections 11(1)(a) & 11(1) (I) of Prevention of Cruelty to Animals Act, 1960, P.S. Mawana, District- Meerut, pending in the court of learned Judicial Magistrate, Mawana, Meerut, including charge-sheet dated 12.06.2023 as well as cognizance/summoning order dated 24.07.2024, are hereby quashed. 7. The instant application stands allowed accordingly. Order Date :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad