Court No. - 70
Case :- APPLICATION U/S 482 No. - 16128 of 2019 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the parties and the learned AGA.
This is an application filed under Section 482 Cr.P.C. with a prayer to quash the charge sheet dated 19.9.2016 and entire criminal proceedings of Criminal Case No.366 of 2017 (State of U.P. V. Mahfooz & Ors.) arising out of Case Crime No.356 of 2015, under Section 3/5-A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 3/11 of Prevention of Cruelty to Animals Act, P.S. Rampur Maniharan, District Saharanpur as well as charge sheet dated 19.09.2016 submitted int he aforesaid section.
The submission of the learned counsel for the applicant is that no case under the provisions of Section 3/5-A/8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 3/11 of Prevention of Cruelty to Animals Act is made out against the applicant on the basis of materials collected in the case diary and that the entire prosecution is malicious in nature.
Having examined the impugned charge sheet and the materials available on record this Court of the opinion that a prima facie case is made out against the applicant and the charge sheet cannot be quashed at this stage. Prayer for quashing the charge sheet is, therefore, refused.
However, considering the entire facts and circumstances it is directed that in case the applicant surrenders and applies for bail, the courts below shall dispose of the same within a period of one week from the date of surrender and application for bail made to the said courts below in accordance with the directions of the Hon'ble Supreme Court in the case of Hussain & Anr. V. Union of India reported in AIR 2017 (5) SCC 702.
With the aforesaid directions the application shall stand disposed of.
Order Date :- 25.4.2019 Sumaira