AMIR @ JAMIR AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Mayank Chandra, learned counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. appearing for the State respondents.

(2.) Present application has been filed for quashing the impugned order dtd. 14/8/2024 passed by learned Additional Sessions Judge / FTC-II, Prayagraj as well as charges framing order dtd. 12/9/2024 in Session Trial No. 2554 of 2023 (State of U.P. vs. Aamir) arising out of Case Crime No. 372 of 2019, under Sec. 307 IPC, Sec. 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Sec. 11 of Prevention of Cruelty to Animals Act, 1960, Police Station Shankargarh, District Prayagraj. Further prayer has been made seeking stay of the aforesaid case.

(3.) Learned Senior Counsel for the applicant submitted that the first information report of the present case was lodged on 12/12/2019 under Sec. 307 IPC, Sec. 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Sec. 11 of Prevention of Cruelty to Animals Act, 1960 as Case Crime No. 372 of 2019 at Police Station Shankargarh, District Prayagraj. It is alleged in the first information report that on 12/12/2019 while the police party was on patrolling duty, they received an information that a truck loaded with bulls is being transported illegally from Chitrakoot to Bihar. On the basis of this information, police party reached at the place of incident, where two persons managed to escape and five persons including the applicant were arrested by the police on spot. It is also alleged in the first information report that the driver of the truck tried to run over the police party but somehow they saved their life. The driver was running the truck at a very high speed and lost control and was apprehended by the police. On interrogation, the arrested persons disclosed their names. The applicant was one of the accused, who was arrested on spot. The names and identities of the escaped persons were disclosed by the spot arrested accused. On inspecting the truck, it was found that the truck was carrying 19 bulls. The truck was seized by the police and a recovery memo was prepared and thereafter the first information report was lodged against the applicant and other co-accused.