MUNNE Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD.

(2.) BY means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (For short Cr.P.C..), the petitioners have sought quashing of the proceedings of criminal case no. 2452 of 2011, State vs. Munne and others, relating to offence punishable under section 5/11 of Uttarakhand Protection of Cow Progeny Act, 2007, Police Station Lalkuan, pending in the court of Additional Chief Judicial Magistrate, Haldwani, District Nainital.

(3.) HAVING heard learned counsel for the parties, and after going through the papers on record, this Court finds that even if whatever prosecution has stated is taken to be true, the ingredients of the offences punishable under section3 or 4 or 5 read with section 11 of the Uttarakhand Protection of Cow Progeny Act, 2007, are not made out. It is neither a case of taking any cow or its progeny to slaughter house, nor a case of selling or transporting beef of cow. Merely cutting skin of a dead animal lying in a field by itself does not attract provisions of Uttarakhand Protection of Cow Progeny Act, 2007.