Aslam v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 39105 of 2023 Applicant :- Aslam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadrul Islam Jafri,Mohd Harish,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the materials available on record. By means of this application under sections 482 of the Code of Criminal Procedure, the applicant has invoked the inherent jurisdiction of this Court for quashing of the charge-sheet dated 10.06.2021, summoning order dated 22.06.2021 as well as entire proceedings of Criminal Case No. 4730 of 2021 (State Vs. Shoeb) arising out of Case Crime No. 117 of 2021, under Sections 307, 419, 420, 467, 468, 120B IPC, Section 3/5-A/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animal Act, Police Station Khaga, District Fatehpur pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Fatehpur. After advancing some argument at length, learned counsel for the applicant submitted that since the applicant is already on bail in this case, therefore, he may be permitted to move a discharge application before the court concerned raising his objection. Learned counsel for the applicant also submitted that he is not pressing any further relief as claimed by applicant by means of this application. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to move discharge application, he has no objection. Accordingly the relief as sought by the applicant in the instant application is refused. In view of the above, considering the request of the applicant, it is directed that in case the discharge application is moved by the applicant before the court concerned at the appropriate stage, the same shall be decided by the court concerned by speaking order in accordance with law. With the aforesaid observation, the instant application is disposed of. Order Date :- 21.11.2023 Shubham High Court of Judicature at Allahabad