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2025 DAILYLAW 121845 (ALL)

LIYAKAT @ LIYAKAT ALI AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1117/2025 · 2025-02-06

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7738 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1117 of 2025 Applicant :- Liyakat @ Liyakat Ali And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant(s), learned AGA for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the proceeding of Criminal Case No.-955/2020, State Vs Mohd. Aarif and others, vide case crime no.-221/2019, Under Sections- 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station- Jahangeerganj, District-Ambedkarnagar, pending in the Court of Learned Civil Judge J.D./J.M. Ambedkarnagar as well as Charge-Sheet dated 19/12/2019 and Summoning Order dated 14/08/2020, in the interest of justice. It is further prayed that proceedings of Criminal Case No.- 955/2020, State Vs Mohd. Aarif and others, Under Sections- 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Jahangeerganj, District-Ambedkarnagar, pending in the Court of Learned Civil Judge J.D./J.M. Ambedkarnagar, may kindly be stayed during the pendency of this petition." Taking note of the facts and grounds on the basis of which the proceedings in issue have been assailed as also the observations of the Hon'ble Apex Court on the subject and also the fact that the charges are yet to be framed, the present application under Section 482 Cr.P.C., in the facts of the case, without entering into the merits of the case, is disposed of with liberty to the applicants, who are on bail, to appear before the Court concerned and prefer an application for discharge, which shall be decided expeditiously. Order Date :- 6.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench