AFSAR AHMAD @ AFSAR @ CHOTTAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/20182/2025 · 2025-06-30
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65816 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65816 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:102346 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20182 of 2025 Applicant :- Afsar Ahmad @ Afsar @ Chottan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Irshad Khan,Mohammed Iftekhar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash the cognizance/summoning order dated 11.04.2025 issued by the Additional Chief Judicial Magistrate, VII, Allahabad on charge- sheet dated 27.05.2023, bearing charge-sheet no. 142 of 2021 registered as Case no. 1136 of 2025 (State vs. Mohammad Afsar @ Chottan and another) arising out of Case Crime no. 0043 of 2023 under Section 3/8 of U.P.Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, PS- Nawabganj, District Prayagraj pending in court of learned Additional Chief Judicial Magistrate, VII, Allahabad including entire proceeding of said case.
3. Learned counsel for applicants submitted that opposite party no. 2 lodged FIR against the applicants and other accused persons, alleging commission of offence of cow slaughter. After conduction of investigation, charge-sheet has been submitted whereupon cognizance has been taken up vide impugned order dated
11.04.2025.
4. It is contended by learned counsel for applicants that applicants are innocent and have been falsely implicated in the present case. There is major contradiction in the statement of informant and version of FIR. As per the allegation of FIR and statement of witnesses, there is no specific role assigned to the applicants rather than general one based on suspicion. No incriminating material has been recovered against the applicants. Applicants have already been granted bail.
5. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that applicants have already been granted bail by court concerned and at this stage entire arguments which has been substantiated with certain statements made by certain witnesses has been put for challenging the entire proceeding which cannot be accepted at this stage since the entire arguments whatsoever has been raised by
learned counsel for the applicants is subject matter of trial.
7. In view of aforesaid discussion, instant application lacks merit, hence dismissed.
Order Date :- 1.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad