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Neutral Citation No. - 2025:AHC:102481 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7720 of 2025 Applicant :- Ramashanker Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Affidavit of compliance preferred on behalf of learned AGA is taken on record. 2. Heard learned counsel for the parties. 3. Present application has been preferred with prayer to quash the entire proceeding of Case no. 3120 of 2002 (State vs. Ramashanker Singh) arising out of Case Crime no. 150 of 2001 under Section 3/5A/8 Prevention of Cow Slaughter Act, Section 11 of Animal Cruelty Act and Section 307 of IPC, PS- Saiyad Raja, District Chandauli as well as charge sheet dated 08.05.2002 and cognizance/summoning order dated 04.11.2007 and subsequent consequential orders, passed by court below. Further prayer has been made to direct the court below not to take any coercive action against the applicant till disposal of application under Section 340 Cr.P.C.
4. In pursuance to order dated 02.04.2025, inquiry has already been concluded and specific affidavit of compliance has been preferred by Superintendent of Police Chandauli through which it is transpired that applicant namely Ramashanker Singh has been falsely implicated which has been proved with the finger prints which has been verified by the Forensic Science Laboratory by way of taking samples of one Gyanenedra Singh and Ramashanker Singh. 5. Learned AGA has not objected the prayer as made by learned counsel for applicant that once it has been proved through the report dated 31.05.2025 that there is hardly any role of the applicant in Case Crime no. 150 of 2001 under Section 3/5A/8 of Cow Slaughter Act along with Section 11 of Animal Cruelty Act and Section 307 of IPC at PS- Saiyad Raja, District Chandauli (State vs. Ramashanker Singh), the entire proceeding may be set
aside by this Court. 6. Considering the argument raised by learned counsel for the applicant as well as in the light of the affidavit of compliance preferred at the behest of Superintendent of Police, Chandauli submitted by learned AGA, there is hardly any scope available with the prosecution to proceed against the applicant in Case Crime no. 150 of 2001 and as such entire proceeding initiated against the applicant in pursuance to Case Crime no.
150 of 2001 under Section 3/5A/8 Prevention of Cow Slaughter Act, Section 11 of Animal Cruelty Act and Section 307 of IPC, PS- Saiyad Raja, District Chandauli are hereby set aside only in respect of applicant namely Ramashanker Singh. 7. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad