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2025 DAILYLAW 32897 (ALL)

UVAIDURRAHAMAN v. STATE OF U.P. AND 5 OTHERS

A227/2858/2025 · 2025-04-01

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45205 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2858 of 2025 Petitioner :- Uvaidurrahaman Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Sheetla Prasad Pandey, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This petition under Article 227 of the Constitution of India has been filed to set aside the impugned order dated 24.01.2025 passed by Additional Session Judge/ Special Judge (POCSO) Sant Kabir Nagar in Criminal Revision No. 0069 of 2017 (Uvaidurrahaman Vs. Satanand Pandey and others) and impugned order dated 07.07.2017 passed by Chief Judicial Magistrate Sant Kabir Nagar in Complaint Case No. 675 of 2016 (Uvaidurrahaman Vs. Sadanand Pandey and others). Briefly stated, the petitioner filed a complaint against the respondent Nos. 2 to 6 stating therein that on 22.08.2016 respondent Nos. 5 and 6 took away his eight animals from his cow-shed with the aid of respondent Nos. 2 to 4 who were the Police Officials. However, the learned Chief Judicial Magistrate rejected the complaint under Section 203 Cr.P.C. vide order dated 07.07.2017. Being aggrieved the petitioner preferred a Criminal Revision before the Sessions Judge, Sant Kabir Nagar which was also dismissed vide order dated 24.01.2025. The main submission of learned counsel for the petitioner is that the orders passed by the court below are unjust, improper and against the settled principles of law. The Court below did not consider whether any cognizance offence was made out or not and dismissed the complaint in a casual and cursory manner. While opposing the aforesaid submission, learned A.G.A. for the State has submitted that on 22.08.2016, an FIR was lodged against the petitioner as Case Crime No. 0688 of 2016 under Sections 3/5A/8 of the U.P. Cow Slaughter Act and under Section 11 of the Prevention of Animal Cruelty Act, P.S.-Dudhara, District-Sant Kabir Nagar and was charge sheeted. In pursuance of the said FIR, the alleged animals were recovered from the petitioner. The petitioner, in order to defend himself had lodged a complaint against the respondent Nos. 2 to 6 to falsely implicate them. Therefore, the order passed by the courts below do not require any interference. After considering the rival submissions made by the learned counsel for the parties and from the perusal of the records, it transpires that the petitioner had lodged a false complaint in order to defend himself. No such incident as alleged has taken place nor the animals of the petitioner were taken forcefully. It is the admitted case of the petitioner that he is an accused in Case Crime No. 0688 of 2016 under Sections 3/5A/8 of the U.P. Cow Slaughter Act and under Section 11 of the Prevention of Animal Cruelty Act, P.S.-Dudhara, District-Sant Kabir Nagar. Considering the aforesaid facts and circumstances, matter requires no interference. The petition is accordingly, dismissed. Order Date :- 2.4.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad