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2025 DAILYLAW 40277 (ALL)

MOHD. UBAISH v. STATE OF U.P. AND 2 OTHERS

CRLP/6963/2025 · 2025-04-10

Prashant Bilgaiyan Registrar J Criminal, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53488-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6963 of 2025 Petitioner :- Mohd. Ubaish Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. A prayer for adjournment is being made on behalf of Mohd. Sadan, holding brief of Sri Vikrant Gupta, learned counsel for the petitioner. 2. Present petition has been filed challenging the impugned FIR dated 10.5.2023, registered as Case Crime No. 128 of 2023, under Section 429 IPC and Section 3/5A/8/5B of Cow Slaughter Act and Section 11 of Animals Cruelty Act, P.S. Ali Nagar, District Chandauli. 3. We find that the anticipatory bail being Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 8577 of 2023 (Mohd. Ubaish vs. State of UP and 2 others) in respect of the same crime number was rejected by this Court vide order dated 8.8.2023. As such, we find that learned Single Judge of this Court has noted the arguments of learned counsel for the applicant as well as learned AG and anticipatory bail was rejected on merits. Anticipatory bail was rejected on 8.8.2023 whereas the present petition challenging the impugned FIR has been filed on 8.4.2025 that is after a gap of more than one and half years. 4. In such view of the matter, we do not find any good ground to take a different view of the matter, therefore, the prayer for adjournment is rejected. 5. Even otherwise, perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Present petition is totally misconceived and is accordingly dismissed. Order Date :- 11.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad