Court No. - 49
Case :- APPLICATION U/S 482 No. - 47172 of 2018 Applicant :- Javed Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the parties and the learned A.G.A.
This petition is filed by the petitioner for quashing the chargesheet no.138 of 2018 dated 30.6.2018, cognizance order sheet dated 4.12.2018, pending in the court of First Additional Chief Judicial Magistrate, Varanasi and the entire criminal proceeding of Case No.3666 of 2018 (State Vs. Javed) arising out of Case Crime No.86 of 2017, under Section 307 IPC, Section 3/5A/8 U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station Mirzamurad, District- Varanasi.
After arguing at some length, learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case bail application of petitioner is considered expeditiously in accordance with law.
In view thereof, it is provided that if the petitioner surrenders before the Court below within three weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the petitioner.
With the aforesaid, the petition is disposed of.
Order Date :- 21.12.2018 Shalini (Vivek Chaudhary, J.)