Heard learned counsel for the petitioner and learned A.G.A. for the State.
By means of this petition under Section 482 Cr.P.C. petitioner prays for quashing the proceedings of the Case No.950 of 2019, (State Vs. Mohammad Taki and others), under Sections 3/5/8 Uttar Pradesh Cow-slaughter Act 1955, and 7 Crl. Law Amendment Act 1932, pending in the court of the learned Additional Chief Judicial Magistrate Court No.16, Barabanki, and for quashing of the charge sheet No.138 of 2019, arising out of case crime No.0096 of 2019, under Sections 3/5/8 Uttar Pradesh Cow Slaughter Act 1955, and 7 Crl. Law Amendment Act 1932, submitted against the petitioner by the police of police station Subeha, District Barabanki and also for the quashing of the summoning order dated 29.07.2019, passed by the learned Additional Chief Judicial Magistrate Court No.16, Barabanki passed in Case No.950 of 2019, whereby the petitioners have been summoned as accused under sections 3/5/8 Uttar Pradesh Cow Slaughter Act 1955, and 7 Crl. Law Amendment Act.
From perusal of the material available on record, it could not be said that no case is made out against the petitioner. Therefore, at this stage no interference is called for by this Court. The petition lacks merit.
However, if petitioner, namely, Fareed surrenders before the court below within four weeks from today and moves bail application, the same shall be considered and disposed of expeditiously in accordance with law and also keeping in view the directions contained in the judgement delivered by the Apex Court reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.).
For four weeks or till the date of surrender, whichever is earlier, no coercive steps shall be taken against the petitioner.
With the aforesaid observation / direction , this petition is finally disposed of.
Order Date :- 30.8.2019 S. Kumar