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Neutral Citation No. - 2025:AHC:135648 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 27834 of 2025 Applicant :- Saukat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadeesh Prasad Chaurasiya 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 entire proceeding as well as charge sheet dated 15.01.2014 and cognizance order dated 04.02.2014 passed by Additional Chief Judicial Magistrate-II, Court no. 15, Jaunpur in Case no. 60 of 2014 (State vs. Saukat Ali) arising out of Case Crime no. 31 of 2014 under Section 3/5Ka/8 Cow Slaughter Act and Section 3/11 Prevention of Cruelty Against Animals Act, PS- Maharajganj, District Jaunpur.
3. At the very outset, learned AGA raised a preliminary objection regarding maintainability of instant application and submitted that through the same, cognizance order passed way back in the year 2014 has been challenged which is not sustainable in the eye of law since there is considerable delay in challenging the cognizance order.
4. Learned counsel for applicant could not satisfactorily explain the delay caused in challenging the cognizance order. However, it is also submitted that applicant has already been granted bail and trial in present case is going on.
5. Considering the argument raised by learned AGA for State which seems to be forceful, this Court finds that cognizance order passed on dated 04.02.2014 has been challenged in the year 2025 i.e. almost after 11 years which is not at all sustainable in the eye of law and as such prayer sought through instant application cannot be acceded.
6. The application u/s 528 BNSS stands dismissed accordingly. Order Date :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad