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2025 DAILYLAW 78377 (ALL)

UDHAN PRAJAPATI v. STATE OF U.P. AND 2 OTHERS

CRLP/16287/2025 · 2025-07-28

Harvir Singh, Rajiv Gupta

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:125288-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 16287 of 2025 Petitioner :- Udhan Prajapati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Patel Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. 2. The instant writ petition seeks quashing of the FIR dated 15.7.2024 giving rise to Case Crime No. 114 of 2024, under Section 3/5A/8 of Prevention of Cow Slaughter Act Uttar Pradesh and Section 11 of Prevention of Cruelty to Animals Act, 1960, Police Station-Saiyadraja, District- Chandauli. 3. Learned counsel for the petitioner has submitted that from the allegation made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and, as such, the impugned first information report is liable to be quashed. 4. Per contra, learned AGA has submitted that petitioner is the owner of the vehicles and without any valid permit, cattles were illegally being transported outside the State. He has next submitted that from the allegation made in the first information report, prima facie offence, complained of is clearly disclosed against the petitioner and, as such, the first information report cannot be quashed in view of the law laid down by the Supreme Court in the case of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by the learned counsel for the parties and taking into consideration the fact that the petitioner is the owner of the vehicles and without any valid permit, cattles were being transported outside the State for slaughtering and in view of the allegations made in the first information report and the relevant law cited by the learned AGA and the fact that impugned first information report discloses cognizable offence, we are of the opinion that the impugned first information report cannot be quashed. 6. The prayer for quashing of the first information report is therefore, refused. 7. However, in case the petitioner files an application for anticipatory/regular bail before the appropriate court, his bail application be considered and disposed of as expeditiously as possible in accordance with law. 8. With these observations, the instant writ petition is disposed of. Order Date :- 29.7.2025 KU Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad Digitally signed by :- KALIM UDDIN SIDDIQUI High Court of Judicature at Allahabad