LAWS(ALL)-2014-2-195

NANHE Vs. STATE OF U.P.

Decided On February 11, 2014
NANHE Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD learned counsel for the applicant, the learned AGA for the State and perused the record. The instant application has been filed by the applicant with a prayer to quash the charge sheet dated 25.8.2012 submitted by the police in case crime No. 624 of 2012 whereby the court below has taken cognizance under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act.

(2.) IT is submitted by the learned counsel for the applicant that the opposite party No. 2 has lodged a first information report on 11.7.2012 with frivolous allegations against the applicant and other persons. The Investigating Officer has submitted the charge sheet against the applicant in a perfunctory manner, which is nothing but an abuse of the process of law and on the basis of which the court below has also taken cognizance in a casual manner on 13.9.2012, whereas no prima facie offence is made out against the applicant.

(3.) FROM the perusal of the materials on record and looking into the facts and after considering the arguments made at the bar, it does not appear that no offence has been made out against the applicant.