Court No. - 53
Case :- APPLICATION U/S 482 No. - 14543 of 2018 Applicant :- Muntjim And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ram Kumar Dubey, learned counsel for the applicants and Sri Shyam Dhar Yadav, learned A.G.A. along with Sri Mayank Awasthi appearing for the State.
This is an application u/s 482 Cr.P.C. seeking to quash the non- bailable warrants dated 09.04.2018 passed by Additional Chief Judicial Magistrate, Court No.3, Moradabad arising out of case crime no.0009 of 2018, under Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, Section 307 IPC and Section 11 of the Prevention of Cruelty to Animals Act, Police Station Mainather, District Moradabad.
The submission of learned counsel for the applicants is that the applicants are innocent and they have been maliciously implicated by the police in a patently false case due to mala fides and ulterior motive in order to show good work of the Police Station presumably by the Station House Officer as said in paragraph 12 of the affidavit.
On the other hand, recovery memo/ First Information Report shows that the applicants were involved in carrying cows and its progeny without requisite permit with the intention of smuggling cows, ultimately for the purpose of slaughter. When the vehicle bearing registration no. HR-61A-0494 carrying cows was attempted to be apprehended, the applicants attempted to run over the policemen who signalled the vehicle/ truck carrying the cows to stop. The allegations in the present case are of a very serious nature affecting the law and order and involving a heinous offence under the U.P. Prevention of Cow Slaughter Act. It also shows that the applicants and their associates are organized operatives, prima facie, in the trade of cow slaughter.
No case for interference by this Court under its jurisdiction under Section 482 Cr.P.C. is made out. The application u/s 482 Cr.P.C. fails and is dismissed in limine.
Order Date :- 27.4.2018 Anoop