Court No. - 10
Case :- APPLICATION U/S 482 No. - 13870 of 2018 Applicant :- Waseem Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.M. Iqbal Hasan Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned charge sheet dated 24.07.2017 as well as criminal proceeding in Case No. 3770 of 2017, State Versus Rizwan and others (arising out of Case Crime No. 183 of 2017) under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, read with Section 332, 353 I.P.C. and section 7 Criminal Law Amendment Act, 1932, Police Station Didauli, District J.P. Nagar as well as the N.B.W. order dated 20.02.2018 passed by Chief Judicial Magistrate, Amroha.
It is urged that applicant is posted at Hariyana and was not present on the date of incident. Further, it is urged that N.B.W. order has been issued.
In regard thereto, application is disposed of as withdrawn with liberty to the applicant to file an appropriate application for bail and recall of the N.B.W. before the court below within four weeks from date in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
In the event, such an applications is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, strictly in accordance with law.
It is clarified that the Court has not considered the contention of the learned counsel for the applicant on merit.
Order Date :- 27.4.2018 K.K. Maurya