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2008 Supreme(All) 2484

VIJAY KUMAR VERMA
KAILASH YADAV – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Praveen Kumar Singh for the Revisionists; A.G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Vijay Kumar Verma, J.—"Whether carrying the cow, bull or bullock from one place to another place within the State of Uttar Pradesh for the purpose of slaughtering constitutes any offence under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (in short, ‘the Cow Slaughter Act’)?” is the main question that falls for consideration in this revision, which has been preferred against the order dated 4.1.2005 passed by the Chief Judicial Magistrate Ghazipur.

2. By the impugned order, the Court below has declined to release the bullocks seized in case crime No. 1062 of 2004 under Sections 3, 5-A, 8 of Cow Slaughtering Act and Section 11 of the Prevention of Cruelty to Animals Act (in short, ‘the Animals’ Cruelty Act’), P.S. Nonahra, District Ghazipur.

3. The facts emerging from the record leading to the filing of this revision are that an FIR was lodged by S.I. S.Tiwari on 20.12.2004 at 10.00 a.m. at P.S. Nanahra (Ghazipur), where a case under Sections 3, 5-A and 8 of Cow Slaughter Act and Section 11 of Animals’ Cruelty Act was registered at crime No. 1062 of 2004 against (1) Radhey Shyam Yadav, (2) Subhash Navik, (3) Baladin Pasi, (4) Ramesh Yadav; and (5) Chottey L




















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