POTHIRAM ALIAS CHHOTU v. STATE OF U.P. AND ANOTHER
NA528/17304/2025 · 2025-05-15
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58596 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58596 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:81431 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 17304 of 2025 Applicant :- Pothiram Alias Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant and learned A.G.A. for State.
2. The instant application has been preferred for quashing charge-sheet dated 10.08.2024 along with cognizance/summoning order dated 07.01.2025 and the entire proceedings of Criminal Case No.1037 of 2025 (State vs. Sagar and Another) arising out of Case Crime No.345 of 2024, under sections 9, 39, 48, 51 of Wild Life (Protection) Act, 1972, P.S. Civil Lines, District- Budaun, pending before learned court of Chief Judicial Magistrate, Budaun.
3. It has been submitted by learned counsel for applicant that the basis of implication of applicant is a video clip, wherein so many persons are apparent, but applicant along with other co-accused have been recognized with name and identity and as such they were implicated at the stage of preferring charge-sheet, wherein the entire inquiry has already been closed.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that in any case, the evidence has to be tried before learned trial court only on the basis of proving the same by concerned witnesses, but at this stage no interference can be drawn by this Court.
5. After having rival submissions extended by learned counsel for the parties as well as considering the age of applicant along with severity of crime committed as per the charge-sheet, whereupon cognizance of offence has been taken up by learned court concerned, the allegation fastened against the applicant can only be proved during trial and the entire arguments whatsoever has been raised by
learned counsel for applicant is subject matter of outcome of the trial.
6. In view of above, learned trial court is hereby directed to proceed with trial and the same shall be co-operated by the applicant through counsel, except on the specific dates which is mandated as per law and the same shall be communicated to the applicant through his counsel.
7. On the above-mentioned observation, the instant application is hereby
disposed of.
Order Date :- 16.5.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad