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2025 DAILYLAW 8828 (ALL)

SARVEJ CHAUHAN v. STATE OF U.P. AND ANOTHER

A482/3948/2025 · 2025-04-27

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65429 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3948 of 2025 Applicant :- Sarvej Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jainendra Kumar Pandey,Sheshadri Trivedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant application under section 482 Cr.P.C. has been preferred to quash the charge-sheet dated 05.04.2024, cognizance/summoning order dated 12.04.2024 passed by learned Chief Judicial Magistrate, Shamli, order dated 09.07.2024 whereby the charges have been framed against the applicant and the entire proceedings of Session Trial No.445 of 2024 (State vs. Sarvej Chauhan and Others) arising out of Case Crime No.525 of 2023, under sections 3/8, 5/8 of U.P. Prevention of Cow Slaughter Act and sections 115, 120B I.P.C., P.S. Kotwali Shamli, District- Shamli, pending in the court of learned Session Judge, Shamli at Kairana. 3. Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant and as such the proceedings initiated against the applicant including the impugned charge-sheet, cognizance/summoning order as well as framing of charge order are liable to be quashed by this Court. 4. Per contra, learned A.G.A. for the State vehemently opposed the prayer as made in the application and submitted that after considering the material available on record, charge-sheet has been submitted against the applicant upon which learned court concerned has rightly taken cognizance and summoned the applicant, whereupon charges have been framed against the applicant. 5. After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears no illegality and impropriety in the impugned charge-sheet, cognizance/summoning order, framing of charge order and as such learned court concerned has rightly proceeded against the applicant. 6. In view thereof, the instant application under section 482 Cr.P.C. lacks merit and is hereby dismissed. Order Date :- 28.4.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad