C482/71/2022
2022 Latest Caselaw 127 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                          COURT'S OR JUDGES'S ORDERS
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                                  C482 N0. 71/2022
                                  Hon'ble N.S. Dhanik, J.

Mr. Asbhishek Verma, Advocate, for the accused applicants.

Mr. Sachin Panwar, Brief Holder, for the State.

Vide impugned summoning order dated 2.5.2015, passed by the Judicial Magistrate, Kashipur, District Udham Singh Nagar, the applicants have been summoned to face trial for the offences under Sections 3/6(1) and 11(1)(2) of Uttarakhand Prevention of Cow Slaughter Act and 11 (Gha) of Animal Cruelty Act.

Learned Counsel for the applicants submitted that the impugned order is a cryptic one and the same been passed without proper application of mind to facts of the case and the law applicable thereto. Learned Counsel for the applicants placed reliance on the judgment of the Hon'ble Apex Court rendered in Pepsi Food Ltd v. Special Judicial Magistrate, 1998 (5) SCC 749.

Learned Counsel for the applicants prayed that the impugned summoning order be set aside and the matter be remanded back.

Learned State Counsel does not seriously oppose the prayer.

I have also perused the impugned order. Nothing has been discussed therein regarding the facts of the case, evidence against the accused applicants or about the law applicable thereto.

In view of the above, the impugned summoning order dated 2.5.2015 is set aside. The matter is remanded back with direction to the court below to pass a fresh order in the light of the observations made in the Pepsi Food Ltd. (supra).

This C482 application stands disposed of.

(N.S. Dhanik, J.) 14.1.2022 Pr