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Allahabad HC Refuses To Quash Case Against Govt, Madrasa Teachers Allegedly Found With Cow Meat, 16 Live Cattle Stock

Sparsh Upadhyay
5 July 2022 3:16 PM GMT
Allahabad High Court, Refuses, Quash, men, Cow Meat, 16 Live Cattle Stock, Justice Rohit Ranjan Agarwal, Government, Madrasa Teachers,
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The Allahabad High Court on Monday refused to quash the criminal case against a government teacher and a madrasa teacher from whose possession cow meat (beef) and 16 live cattle were recovered.

The Bench Justice Rohit Ranjan Agarwal observed that the First Information Report (FIR) that prima facie cognizable offence is made out against the applicants and thus, no case was made out to quash the case against them.

The case in brief

The Court was dealing with the 482 CrPC plea filed by 4 applicants booked under Sections 153- A, 420, 429, 188, 269, 270, 273 I.P.C. and section 3/5/8 of Prevention of Cow Slaughter Act, 1955 and section 11 of Prevention of Cruelty to Animals Act, 1979 and section 7/8 of Environment (Protection) Act, 1986 seeking to quash the case.

Applicant no. 1 is an Assistant Teacher in the education department of the State, while applicant no. 2 is also working as Assistant Teacher in Madrasa Darul Ulum Gausia Kasba Salempur, while applicant no. 3 is running a medical shop and applicant no. 4 is Hafiz Quran.

It was their submission that a report from the Forensic Investigation Laboratory had received did not disclose that the sample sent for analysis was of the cow. It was their case that no case under the Prevention of Cow Slaughter Act was made out.

On the other hand, the State counsel argued that the FIR is a detailed report which categorically mentioned that out of 16 live cattle stock which included 7 buffaloes, 1 cow, 2 female buffalo's calf, 5 male buffalo's calf, and one male cow-calf.

Thus, it was argued by the state that it was wrong to say that the FSL report gave a clean chit to the applicants, as 16 cattle were found in the possession of the applicants and other co-accused and they were not having any license to run the slaughterhouse.

Court's observations

At the outset, the Court discarded the argument of the applicants that no offence was made out from the reading of the First Information Report, as the Court underscored that even though the FSL report had revealed that the sample which was sent for chemical analysis was not cow meat, but, 16 live cattle were also recovered from the custody of the applicants and another co-accused.

"I find from the perusal of the First Information Report that prima facie cognizable offence is made out against the applicants and only the report of the lab about the chemical analysis of the sample which was sent having been found not to be cow meat but 16 live stock cattle have been found in the custody of the applicants along with other materials, a list of which has been given in First Information Report and there being no license with the applicants for running slaughterhouse, prima facie, the offence is made out and charge sheet having been submitted, and there being serious allegations, no ground is made out for quashing the proceedings..."

Consequently, observing that defence regarding the FSL report shall be considered by the trial court as such defence set up in the present application cannot be considered by this Court at this stage, at the stage of quashing of the charge sheet.

With this, the case was dismissed.

Case title - Parvez Ahmad And 3 Others v. State of U.P. and Another [APPLICATION U/S 482 No. - 17024 of 2022]

Citation: 2022 LiveLaw (AB) 310

Click Here To Read/Download Order

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