Court No. - 40
Case :- APPLICATION U/S 482 No. - 22346 of 2019 Applicant :- Haneef And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceeding of Charge Sheet No. 1 of 2019 dated 08.04.2019 in Case Crime No. 96 of 2019, arising out of Criminal Case No. 1726 of 2019, under Sections 3/5A/8 of Cow Slaughter Act, Police Station Gajraula, District J.P. Nagar (Amroha) (State Vs. Usman and others).
Learned counsel for the applicants has submitted that as per the allegations made in the FIR, it is alleged that on the basis of recovery of 50 Kg of beef and instruments of slaughtering, the police got registered an FIR, in which, applicants have been named, however, they are said to have fled away. The police thoroughly investigated the matter and submitted the charge sheet against the applicants under Sections 3/5A/8 of Cow Slaughter Act.
From the perusal of the material collected during the course of investigation and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the Charge Sheet No.1 of 2019 dated 08.04.2019 is refused.
However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of thirty days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 6.6.2019 Nadim