HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35305 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the charge sheet dated 30.07.2020 along with cognizance order dated 31.03.2022 passed by learned Additional Chief Judicial Magistrate, Room no. 7, Allahabad as well as entire proceeding of State Case no. 690 of 2022 arising out of Case Crime no. 82 of 2020 under sections 269, 270, 467 and 471 IPC and section 3 of Epidemic Act and 11 of Prevention of Cruelty to Animals Act, 1960, PS- Khuldabad, District Allahabad. 3. At the very outset, learned counsel for applicant submitted that by bare perusal of the charge sheet, it is apparent that applicant has been charge sheeted in pursuance to sections 269/270 of IPC, 3 of Epidemic Act along with Section 11 of Prevention of Cruelty to Animals Act, 1960 but at the time of taking cognizance, the applicant has been summoned in pursuance to sections 467 and 471 also in which the other co-accused was implicated along with sections in which the applicant is also implicated. 4. Learned AGA although opposed the prayer sought through instant application but could not rebut the argument as raised by learned counsel for applicant. 5. Prima facie, arguments raised by learned counsel for the applicant is quite convincing that learned court concerned has not carefully gone Versus Counsel for Applicant(s) : Mohd Muqeem Ansari, Mohd. Fazal Ansari, Mohd. Mobin Ansari Counsel for Opposite Party(s) : G.A. Mohd Saif .....Applicant(s) State of U.P. and Another .....Opposite Party(s) through the charge sheet submitted by concerned Investigating Officer whereupon reliance has been taken up and both the accused have been summoned in pursuance to sections 269, 270, 467, 471 of IPC, 3 Epidemic Act along with Section 11 of Prevention of Cruelty to Animals Act, 1960 jointly whereas, if the charge sheet has been taken into consideration by learned concerned court both the accused has to be summoned in pursuance to separate sections. 6. In view thereof, impugned cognizance order dated 31.03.2022 is hereby set aside. However, learned concerned court is at liberty to pass fresh order, if required on the basis of the charge sheet submitted by concerned Investigating Officer in respect of both the accused on different sections. 7. The instant application stands partly allowed accordingly. September 15, 2025 Shaswat NA528 No. 35305 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad