Court No. - 49
Case :- APPLICATION U/S 482 No. - 25206 of 2018
Applicant :- Jawahir And 2 Ors
Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Office is directed to correct the name of counsel for the applicants as Deepak Kumar Tripathi in place of Dharmendra Kumar Pandey as shown in the cause list.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the none bailable warrant dated 10.05.2018 as well as the entire proceedings of Case No.5798 of 2015 (State Vs. Jawahir and others), arising out of Case Crime No. 244 of 2015, under Sections 3/5-A/8 U.P. Prevention of Cow Slaughter Act and Section 11 Animals Cruelty Act, Police Station Bakhira, District- Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
The contention of learned counsel for the applicant is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 45 days and no more from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days and no more, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 26.7.2018 SFH