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 the sack holding by him. On interrogation the said person told his name Zahoor, he told that he along with the applicant are involved in cow slaughtering and he was going to Lucknow for selling the same.

4. Learned counsel for the applicant submits that there is no chemical analysis report from the veterinary doctor whether seized meat belongs to cow progeny and in the absence of any chemical analysis report, the Investigating Officer submitted charge sheet against the applicant, whereupon the learned Magistrate has also taken cognizance in a routine manner and summoned the applicant for facing trial.

5. Per contra, learned Additional Government Advocates submit that charge sheet was rightly submitted by the Investigating officer and the cognizance taken by the learned Magistrate is also in accordance with law. The name of applicant came into light in the confessional statement of co-accused, Zahoor, who was arrested along with the cow meat, who confessed that he and the applicant were involved in slaughtering of cow, therefore, prima facie offence under Section 3/5/8 of the Act, 1955 is made out against the applicant.

6. After considering the arguments as advanced by the learned counsel for the parties and from the perusal of the charge sheet as well as cognizance order and the F.I.R., offence under Section 3/5/8 of the Act, 1955 is prima facie made out against the applicants. No case is made out for quashing of the proceeding of Criminal Case No. 525 of 2020, under Section 3/5/8 of Act, 1955. It is relevant to quote Section 3, 5, & 8 of Act, 1955 for adjudication of this case :

3. Prohibition of cow slaughter.-(1) Except as hereinafter provided, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter-

(a) a cow, or

(b) a bull or bullock, unless he has obtained in respect thereof a certificate in writing, from the competent authority of the area in which the bull or bullock is to be slaughtered, certifying that it is fit for slaughter, in any place in Uttar Pradesh; anything contained in any other law for the time being in force or an usage or custom to the contrary notwithstanding.

(2) No bull or bullock, in respect of which a certificate has been issued under sub-section (1) (b) shall be slaughtered at any place other than the place indicated in the certificate.[***]

(3) A certificate under sub-section (1) (b) shall be issued by the competent authority, only after it has, for reasons to be recorded in writing; certified that-

(a) the bull or bullock is over the age of [fifteen years] or

(b) in the case of a bull, it has become permanently unfit and unserviceable for the purpose of breeding and, in the case of bullock, it. has become permanently unfit and unserviceable for the purposes of daughter and any kind of a