MOHD.SHAKIB Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mani Shanker Pandey, learned counsel for the applicant, Shri L.D. Rajbhar, learned A.G.A. for the State-opposite party no.1 and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the impugned order dtd. 18/8/2021 passed by District Magistrate, Varanasi in Case No. 00054 of 2021 (State vs. Mohammad Shakib), under Sec. 5A U.P. Cow Slaughter Act, 1955, as well as order dtd. 13/10/2021 passed by Special Judge (SC/ST Act), Chandauli in Criminal Revision No. 54 of 2021 (Shakib vs. State of U.P.).

(3.) Brief facts of the case are that applicant is registered owner of vehicle no. UP-70ET/2667 which is duly registered in the Transport Department, U.P, the photostat copy of registration certificate has been annexed as Annexure No.2 to the affidavit. The aforesaid vehicle was insured with Oriental Insurance Company Ltd. for the period of 15/7/2020 to midnight 14/7/2021, photostat copy whereof has been annexed as Annexure No.3 to the affidavit. The aforesaid vehicle was purchased by the applicant with the financial assistance of MAGMA Fincrop Ltd., 11 MG Habibullah Estate, Hazratganj, Lucknow w.e.f. 21/10/2019 which is endorsed in the registration paper of aforesaid vehicle itself. The vehicle is used to run on the road in transport business by the applicant and monthly installment of the financer of Rs.35,000.00 is being paid by the applicant. During the course of business on 12/12/2020 the vehicle was caught by the police of police station Sayaidaraja, District Chandauli at about 20:50 P.M. and was seized in favour of government for illegally carrying the transport business of cow without any legal authority and first information report was lodged under Ss. 3/5A/8, 5B of Cow Slaughter Act and Sec. 11 Prevention of Animal Cruelty Act.