Neutral Citation No. - 2025:AHC:131515 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19827 of 2025 Applicant :- Brijesh Kumar Alias Brijesh Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhananjai Rai,Udit Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicants and learned A.G.A. for the State. 3. The present application under Section 528 BNSS, has been filed for quashing the entire proceedings of Case No. 1501 of 2024 (State vs. Kapil Chaubey & Others) arising out of Case Crime No. 98 of 2024, Under Sections 3/5A/5B, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station Shahabganj, District Chandauli pending in the Court of Additional Chief Judicial Magistrate, Chandauli as well as the impugned summoning order dated 14.11.2024 and chargesheet dated 24.09.2024. 4. When supplementary affidavit has been corroborated with the arguments as raised by learned counsel for the applicant, it is transpired that the role of the applicant is only up to the extent of driver only, who is performing his duties on the basis of the vehicle owner and as such he was not liable for any goods/commodities carried over the vehicle while performing his duties, therefore the impugned charge-sheet dated 24.09.2024 submitted by concerned investigating officer and the cognizance/summoning order dated 14.11.2024 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicant may be quashed. 5. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted, on the basis of instructions, that no criminal history has ever been credited in favour of the applicant. It is further submitted that after considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 6. After having the rival submissions of learned counsel for parties and perusal of the material available on record which reveals that the role of the applicant is only up to the extent of driver only, who is performing his duties on the basis of the vehicle owner and as such he was not liable for any goods/commodities carried over the vehicle while performing his duties and thus this Court finds that the learned court concerned was not justified in taking cognizance and summoned the applicant. Thus, the impugned summoning order is not sustainable and is liable to be set-aside. 7. In view of the aforementioned facts and circumstances, the entire proceedings of Case No. 1501 of 2024 (State vs. Kapil Chaubey & Others) arising out of Case Crime No. 98 of 2024, Under Sections 3/5A/5B, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station Shahabganj, District Chandauli pending in the Court of Additional Chief Judicial Magistrate, Chandauli as well as the impugned summoning order dated 14.11.2024 and chargesheet dated 24.09.2024, are hereby set-aside only in respect of applicant herein. 8. Accordingly, the application u/s 528 BNSS is allowed. Order Date :- 5.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad