SAHENAVAZ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"?), has been filed on 25.06.2014 by the applicants to quash the charge-sheet No.14 of 2014, submitted by the Investigating Officer under Section 3/5/11 of the Uttarakhand Protection of Cow Progeny Act, 2007 (hereinafter referred to as "the Act, 2007"?), in Case Crime No.23 of 2014 of Police Station Bhagwanpur, District Haridwar and to set-aside the impugned order of cognizance dated 03.04.2014, passed by the learned Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 178 of 2014, State Vs. Akram and others under Section 3/5/11 of the Act, 2007. The applicants prayed alternatively to direct the learned trial court to release the applicants by disposing their bail applications same day on their surrender in the Court.

(2.) The brief facts of the case are that an FIR was lodged by the Sub-Inspector Kaidar Singh, respondent No.2, against the applicants and six others, including five arrested co-accused persons, on 28.01.2014 at about 14:50 p.m. with the allegation that on 28.01.2014 at about 10 a.m. on the telephonic information of police informant, the police party went to village Khelpur, where police informant met them. The police party had tried to collect independent public witnesses but they refused for the same. The police informant pointed out the Gher of Jamil, where slaughtering of cow progeny animals was doing. The police party had seen inside the Gher that five cow progeny animals were there and the persons were talking themselves by touching those animals that they will get more beef by slaughtering those animals. Believing that the persons were doing slaughtering of cow progeny animals, the police party immediately raided inside the Gher, where they had seen and found that 13 persons were cutting and cleaning the beef on two sights with axe and knives and on the other place/side six animals were lying on the floor with clutches by ropes. Seeing the police 8 persons have succeeded to run away from the spot even after chasing by the police. Five persons had been arrested by police at 11:45 a.m. and also recovered some articles of cutting and weighing and five alive animals with beef about 150 Kg. The arrested co-accused persons had named the applicants and one Tahesin, who flied away from the spot. The police party had prepared arrest and recovery memo on the spot, on which basis the FIR had been lodged against the applicants and 06 others.

(3.) After completion of investigation, the Investigating Officer filed charge-sheet against the applicants and 05 others. Learned Judicial Magistrate, Roorkee, District Haridwar had taken cognizance on 03.04.2014 in the offences under Sections 3/5/11 of the Act, 2007. On 19.08.2014, the learned trial court passed the order to issue bailable warrant against the applicants. In this application, this Court passed the order on 29.08.2014 that the bailable warrant issued against the applicants shall be kept in abeyance. This interim order has been extended from time to time. The applicants filed earlier a Writ Petition (Criminal) No. 116 of 2014, challenging the FIR of this matter. In the said Writ Petition (Criminal) No.116 of 2014, the order was passed on 07.02.2014 that no coercive steps shall be taken against the applicants during the course of interrogation and investigation, provided they cooperate with the Investigating Agency.