Court No. - 10
Case :- APPLICATION U/S 482 No. - 19966 of 2018 Applicant :- Istiak Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicant and Sri D.P.S. Chauhan, learned Additional Government Advocate for the State.
This application under Section 482 of the Code of Criminal Procedure has been filed for quashing of the charge sheet No. 79 of 2018 dated 14.3.2018 arising out of case crime No. 55 of 2018 as well as order passed by the Ist. Additional Chief Judicial Magistrate, District Rampur in Criminal Case No. 1104 of 2018 (State Vs. Istiak and others) taking cognizance on 23.3.2018 under Section 3/5A/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act.
The contention of learned counsel for the applicant is that neither was the applicant caught at the time of alleged occurrence of the incident nor was he ever detained/arrested prior to conclusion of the investigation and as such, filing of charge sheet naming him as well as taking of cognizance by the court below is unjustified.
Learned A.G.A states that there is no illegality in the charge sheet being filed as well as cognizance of the same being taken.
Be that as it may, in exercise of jurisdiction under Section 482 Cr.P.C., I am not inclined to interfere in the matter. However, in case, the applicant appears/surrenders before the concerned court below within a period of ten days from today and moves an appropriate application for bail, the same shall be considered and decided expeditiously in view of the observations made in Amarawati and another Vs. State of U.P reported in 2005 (1)AWC 416 as well as judgement passed by Hon'ble Apex Court reported in (2009) 4 SCC 437 Lal Kamlendra Pratap Singh Vs. State of U.P. provided there is no legal impediment in deciding the same.
Till the period of 30 days or till the application for bail is disposed of, whichever is earlier, no coercive steps be taken against the applicant in the aforesaid case.
It is being made clear that this indulgence is for a fixed period only and no further extension shall be granted to the applicant for taking steps as aforesaid.
With these observations, the application is disposed of.
Order Date :- 31.5.2018 sfa/ (Jayant Banerji, J)