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SHAMIM AHMED
Mohd. Abdul Khaliq – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Shri Bahar Ali, the learned counsel for the applicant as well as Shri Prem Prakash, Mrs. Kiran Singh and Shri Hari Shankar Vajpayee, the learned A.G.A.-I for the State and perused the record.
2. The instant application has been filed by the applicant with a prayer to quash the charge sheet No. 424 of 2019 as well as entire proceeding of Case No. 1548 of 2020, State Vs. Mohd. Khaliq, arising out of Case Crime No. 462 of 2018, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the 'Act 1955'), Police Station Dewa, District Barabanki, pending in the court of learned additional Chief Judicial Magistrate, Court No. 16, Barabanki.
3. The facts of the case in short is that a first information report dated 02.11.2019 was lodged by the at Police Station Dewa, District Barabanki with the allegation that on an information received by informer when A.S.I.-Dharmendra Kumar Yadav and other police personnel reached at Sarsaudi Village near the school they saw one person coming holding a sack, on seeing police personnel that person tried to return back, but the police caught him and on his search beef of cow progeny was found in
No permit is required to transport cow and its progeny within the state of Uttar Pradesh.
The central legal point established in the judgment is that no permit is required for transportation of cows and its progeny within the State of U.P. under Section 5-A of the U.P. Prevention of Cow S....
The court emphasized the sparing and cautious exercise of jurisdiction under Section 482 of the Cr.P.C. and highlighted the need for addressing issues such as sanction and evidence at the appropriate....
The U.P. Prevention of Cow Slaughter Act does not provide an appeal mechanism for confiscation orders, directing that recourse must be sought through the Divisional Commissioner per the notification ....
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