Court No. - 53
Case :- APPLICATION U/S 482 No. - 14196 of 2018 Applicant :- Nebullah Opposite Party :- Santosh Kumar Tiwari Counsel for Applicant :- Sanjay Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash the impugned charge sheet no.75/2015 dated 23.03.2015 and its consequential proceedings being case no.3427 of 2015 (State Vs. Nebullah and another), arising out of case crime no.283 of 2015, under Sections 3, 5-A, 8 of the U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals At, 1960, Police Station Dudhara, District Sant Kabir Nagar, pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar.
The submission of the learned counsel for the applicant is that Nebullah and Nabiullah are one and the same man and in the FIR, they have been shown to be two, which, ex-facie, demonstrates the false nature of the case of the police.
A perusal of the charge sheet, material collected in the case diary and prosecution case, it is apparent that the applicant along with co-accused were stealthily carrying three cow/ progeny of cow, that are protected under the provisions of U.P. Prevention of Cow Slaughter Act for the purposes of slaughtering them. An information to the above fact was received by the police, on the basis of which the applicant and the co-accused were attempted to be apprehended. The applicant and the co-accused managed to make good their escape, but three cows were taken into safe keeping. It is mentioned in the FIR lodged by the police, which has stood scrutiny of investigation that the recovered animals had injuries to their body and appeared to be quite scared.
Looking to the evidence collected, the applicant stands charged for the offences under Sections 3, 5-A, 8 of the U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals At, 1960. The evidence collected during investigation in support of charge sheet cannot be sifted in exercise of jurisdiction under Section 482 Cr.P.C. by this Court. No case for interference with the impugned charge sheet is made out. The application fails and is dismissed in-limine.
However, in case the applicant surrenders and seeks bail, the same shall be considered and disposed of by the court below in accordance with the directions carried in the judgment of the Hon'ble Supreme Court in Hussain & Anr. Vs. Union of India AIR 2017 SC 1362.
Order Date :- 25.4.2018 Anoop