Heard learned counsel for the petitioner, learned Additional Government Advocate and perused the record.
This petition has been filed with the prayer to quash the charge-sheet no. 58/12 dated 26.06.2012 filed against the petitioner before the Court of Additional Chief Judicial -I, Lakhimpur Kheri, Case No. 1848 of 2018, Crime No. 02/2012 u/s 3/5/8 Cow Slaughter Act & Section 11 of the Prevention of Cruelty to Animals Act, 1960, P.S. Neamgaun, District Lakhimpur Kheri (State vs. Jahid & others).
Learned counsel for the petitioner has submitted that the First Information Report has been lodged against the petitioners on the basis of false story. It has also been submitted that the petitioners have not committed any offence and they have wrongly been summoned in this case. Lastly, learned counsel for the petitioners has submitted that petitioners are ready to surrender before the court below and some protection may be granted to them.
Learned Additional Government Advocate has opposed the petition.
However, in this matter, after investigation, Police has found a prima facie case against accused and submitted charge-sheet in the Court below. After investigation the police has found a prima facie case of commission of a cognizable offence by accused which should have been tried in a Court of Law. At this stage, there is no occasion to look into the question whether the charge ultimately can be substantiated or not and that would be a subject matter of trial. No substantial ground has been made out which may justify interference by this Court under Section 482 Cr.P.C.
From perusal of the record, it cannot be said that the cognizable offence is not made out against the petitioners. I do not find any sufficient ground to quash the aforesaid charge-sheet as well as the entire proceedings of the aforesaid criminal case.
However, it is provided that if the petitioner surrender before the court below within one month from today and move an application for bail, the same shall be considered and disposed of expeditiously in accordance with law and in terms of law laid down in the case of Smt. Amrawati and another vs. State of U.P., 2005; Cr.L.J. 755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437. Till then, no coercive action shall be taken against the petitioners.
It is made clear that in no case the aforesaid period shall be extended and no excuse shall be entertained.
After expiry of the aforesaid period, if the petitioner not surrenders, then the authorities concerned shall have full liberty to take action in accordance with law.
The petition stands disposed of accordingly.
Order Date :- 27.9.2019 Om [Rajesh Singh Chauhan, J.]