Uttarakhand High Court
7 May vs State Of Uttarakhand & Another on 7 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:3659
HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application U/s 482 No. 1046 of 2024
07 May, 2025
Nazir Ali & another
--Applicants
Versus
State Of Uttarakhand & another
--Respondents
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Presence:-
Mr. Mohd. Azim, learned counsel for the applicants.
Mr. Vipul Painuly, learned AGA for the State.
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Hon'ble Pankaj Purohit, J.
This C482 application has been filed by the
applicants against the summoning order dated 14.05.2019
passed by learned Judicial Magistrate, Jaspur, District
Udham Singh Nagar in Criminal Case No.224 of 2019,
State vs. Hori Singh & others for the offences relating to
Sections 6 & 11(2) of the Uttarakhand Cow Progeny
(Protection), Act and a further prayer has been made to
quash the entire proceedings of the aforesaid case.
2. It is the case of the prosecution that in a cattle
fair, the applicants along with others purchased certain
animals. The allegation against them is that subsequent to
sale, the animals were available with them and further
allegation was leveled against them that they sold the
animals in the State of U.P. for the purpose of slaughtering.
The FIR was accordingly lodged which resulted into
submission of a charge-sheet against them. On the said
charge-sheet, learned Judicial Magistrate took cognizance
and summoned the applicants by order dated 14.05.2019
to face the trial. Hence, this application under Section 482
2025:UHC:3659
Cr.P.C. has been filed.
3. This fact is not disputed that in a similar matter,
co-accused-Bachan Singh & others had preferred a C482
No.1075 of 2017. Along with that application, several other
persons also approached this Court. They were heard and
by order dated 24.03.2022 passed by a Co-ordinate Bench
of this Court, those applications were allowed and charge-
sheet as well as cognizance order, challenged therein were
set-aside. Following the judgment dated 24.03.2022,
another Co-ordinate Bench of this Court in Criminal Case
No.224 of 2019 (which is subject matter of present C482
application) was quashed and C482 No.2009 of 2022 was
also allowed. In the said C482 application the summoning
order which is impugned in the present case also quashed
vide order dated 10.11.2022.
4. Following the said judgment dated 10.11.2022
passed by a Co-ordinate Bench, this Court does not find
any reason to deviate from the said judgment. Accordingly,
the present C482 application is allowed. Consequently, the
entire proceedings of Criminal Case No.224 of 2019, State
vs. Hori Singh & others, pending in the court of Judicial
Magistrate, Jaspur, District Udham Singh Nagar are
quashed qua the applicants.
5. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
07.05.2025
AK
