Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19327 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State perused the record. 2. This application has been filed by the applicant to quash the entire criminal proceedings as well as Charge Sheet No. 02 of 2024 dated 15.12.2024 alongwith cognizance order dated 16.02.2024 passed by learned Additional Chief Judicial Magistrate-7, Prayagraj, in Special Trial No. 3112 of 2017 (State vs. Arif & others) under Sections 3/5a/8 Prevention of Cow Slaughter Act and 120B IPC, arising out of Case Crime No.428 of 2016, Police Station Nawabganj, District Prayagraj, including the consequential proceeding of this case during pendency of the present application. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet and cognizance/summoning order are liable to be quashed by this court. 4. Per contra, learned AGA for the State 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 the averments whatsoever has been raised by learned counsel for applicant is subject matter of trial and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, it appears that none of the grounds are available for seeking interference in the proceedings initiated against the applicant, so far as regarding the allegation whatsoever has been put forward through narration of the First Information Report, it is rightly corroborated during course of investigation wherein learned trial court will be the appropriate forum Versus Counsel for Applicant(s) : Mohd Harish Counsel for Opposite Party(s) : G.A. Muzaffar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
for redressal of his grievances whatsoever has been raised. 6. In view thereof, the instant application under Section 528 BNSS lacks merit and is hereby dismissed. 7.
However, the applicant will be at liberty to avail all the other legal remedies available at law. September 15, 2025 Rakesh NA528 No. 19327 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad