Allahabad High Court
Mohd. Ayyoob @ Ghasita And Others vs State Of U.P. Thru. Secy. Home, Lko. And ... on 1 August, 2024
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:52576 Court No. - 13 Case :- APPLICATION U/S 482 No. - 6750 of 2024 Applicant :- Mohd. Ayyoob @ Ghasita And Others Opposite Party :- State Of U.P. Thru. Secy. Home, Lko. And Another Counsel for Applicant :- Pankaj Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
The present application under Section 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):-
"Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash/set-aside the entire criminal proceeding as well as impugned order dated 12.6.2024 passed by Additional Civil Judge (S.D.)-III, Sitapur in Criminal Case No. 3037/2007 (Old Case No.1562/2001) (State Vs. Suhel and others) relating to case crime no.253/2000, under sections 5/8 of the U.P. Prevention of Cow Slaughter Act and section 11 of the Prevention of Cruelty to Animal Act relating to Police Station Kamlapur District Sitapur as contained in Annexure No.1 to this application so far as it relates to the Applicants."
Considering the facts and circumstances of the case as also the law laid down by the Hon'ble Apex Court in the case ofInder Mohan Goswami and another vs. State of Uttranchal and others reported in (2007) 12 SCC 1 and the statement of counsel for the applicants that the applicants would appear before the court concerned, it is provided that if the applicants appear before the court concerned within three weeks from today and move an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in accordance with law.
For a period of two weeks, no coercive action shall be taken against the applicants so far as the proceedings in issue are concerned.
In case, the applicants do not appear in terms of this order, coercive action shall be taken against them.
The present application is disposed of in above terms.
Order Date :- 1.8.2024 Arun/-