The Allahabad High Court dismissed the application seeking quashing of the charge registered case under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 ('Act 1955'). A single-judge bench of this Court comprising of Hon’ble Justice Bharati Dangre opined that the Central government should ban cow slaughter and declare the cow as a protected national animal.
Brief Facts:
The Applicant filed the instant application with a prayer to quash the charge as well as the entire proceedings due to the registered case under Act 1955.
The facts of the case, in short, is that a first information report dated 02.11.2019 was lodged with the allegation that on a piece of information received by an informer near the school, he saw one person coming holding a sack but on seeing police personnel that person tried to return and the police caught him. On his search, beef of cow progeny was found in the sack holding him. On interrogation, he told that he is involved in cow slaughtering and he was going to Lucknow for selling the same.
Contentions of the Applicant:
The Learned counsel for the Applicant submitted that there is no chemical analysis report from the veterinary doctor on whether seized meat belongs to cow progeny, and in the absence of any chemical analysis report, the Investigating Officer submitted a charge sheet against the Applicant, whereupon the learned Magistrate has also taken cognizance in a routine manner and summoned the Applicant for facing trial.
Contentions of the Respondent:
The learned Counsel for the Respondent submitted that the Investigating officer rightly submitted charge sheet, and the cognizance taken by the learned Magistrate is also in accordance with the 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 the slaughtering of cow, therefore, prima facie offence under Section 3/5/8 of the Act, 1955 is made out against the Applicant.
Observations of the Court:
This Court opined that “we are living in a secular country and must have respect for all religions and in Hinduism, the belief and faith is that cow is representative of divine and natural beneficence and should therefore be protected and venerated”. Further, the Court dealt with the origin of veneration of a cow by observing that “the Indo-European peoples who entered India in the 2nd millennium BCE were pastoralists; cattle had major economic significance that was reflected in their religion. The slaughter of milk-producing cows was increasingly prohibited. It is forbidden in parts of the Mahabharata, the great Sanskrit epic, and in the religious and ethical code known as the Manu-Smirti ("Tradition of Manu"), and the milk cow was already in the Rigveda said to be unslayable”.
Therefore, in view of the above observations, this Court hope and trust that the Central Government may take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'. In present facts, the Court enunciated that the interference at the threshold of quashing the charge sheet/criminal proceedings in the case in hand cannot be considered exceptional as it discloses prima facie commission of an offence. As a result, the prayer for quashing the charge sheet/ criminal proceedings was refused.
The decision of the Court:
The Allahabad High Court, dismissing the application, opined that the Central government should ban Cow slaughter and declare it a protected national animal.
Case Title: Mohd. Abdul Khaliq v. State of U.P. and Another
Coram: Hon’ble Justice Bharati Dangre
Case no.: APPLICATION U/S 482 No. - 1743 of 2021
Advocate for the Applicant: Mr. Amit Singh and Mr. Kabeer Pansare
Advocate for the Respondent: Mr. Dhruva Gandhi
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