Neutral Citation No. - 2025:AHC:101326 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 22816 of 2025 Applicant :- Sunil Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shahbaz Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shahbaz Khan, learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 528 BNSS has been preferred to quash the charge-sheet dated 02.02.2025, cognizance/summoning order dated 11.03.2025 as well as entire criminal proceedings of Case Crime No. 213 of 2022, under Sections 3/5A/8/5B of Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act, Police Station-Lanka, District-Varanasi, pending in the Court of learned Additional Chief Judicial Magistrate-1, Varanasi as well as to stay the further proceedings of abovementioned case. 3. At the very outset, it has been submitted by learned counsel for the applicant that the applicant has already been granted anticipatory bail by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 5767 of 2024 vide order dated 31.07.2024 and as such the instant application has been preferred for challenging entire proceedings arising out of Case Crime No. 213 of 2022 on the basis of the statements recorded by certain other co-accused as well as by the person who has submitted that certain cattles have been purchased from a dairy of one Harikesh, but the purchaser of the cattle has never been implicated namely, Rajesh Yadav either at the time of preferring FIR or at the stage of preferring chargesheet by conducting detailed investigation carried out by concerned investigating officer and as such the implication of the applicant is purely on malicious grounds and he is having no role in the offence which has been taken into cognizance by learned court concerned vide order dated 11.03.2025. 4. 4. Per contra, learned A.G.A. for the State has submitted that the applicant has been shown arrest from the spot itself and the proceeding cannot be said to be vitiated only on certain statements recorded at the preliminary stage of the trial, so far as regarding non-implication of the cattle purchaser is concerned, the same cannot be determined at this stage and the provisions of Section 319 Cr.P.C. is still available with the prosecution and the same cannot be taken as a ground for quashing the entire proceedings against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties which is also crystal clear that nothing can be determined by way of relying upon the statement rendered accused/prosecution witnesses since the same has to be testified as per the procedure of cross and chief examination. 6. In view of aforementioned facts and circumstances, the prayer made through the instant application cannot be exceeded and as such the same is hereby dismissed. Order Date :- 1.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad