Waseem Bose v. State of U.P & Anr.

#1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent and perused material on record.

#2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 15.08.2022 as well as entire proceedings of Case No.3736 of 2020, titled State v. Waseem Bose, arising out of Case Crime No.1222 of 2019, under Section 41, 102 Cr.P.C. and Section 414, 420 IPC and Section 3/5/8 of Cow Slaughter Act, P.S. Shamli, District Shamli, pending in the Court of learned Chief Judicial Magistrate, Shamli.

#3. Learned counsel for the applicants submits that the applicant is not the owner of the vehicle and was only driving the said vehicle in which the alleged meat was carried. He has been falsely implicated due to an ulterior motive. The applicant has not committed any offence as alleged in the First Information Report. There is no eye-witness to the alleged incident. The charge sheet filed against the applicant is vitiated under law.

#4. Per-contra, learned A.G.A. has opposed the application and submits that the at the time of interception, the alleged meat was recovered from the vehicle which was being driven by the applicant.

#5. After hearing learned counsel for the applicant and learned A.G.A. for the State and having perused the material available on record, its prima facie established that the applicant is the driver of the vehicle from which recovery of alleged meat has been made. The ingredients of Section 41, 102 Cr.P.C., Section 414, 420 IPC, and Section 3/5/8 of the Cow Slaughter Act are satisfied. Therefore, no case for quashing of impugned proceedings is made out.

#6. So far as the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this Court in the exercise of powers u/s 482 Cr.P.C.

#7. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 13.12.2024 A. Tripathi Justice Vinod Diwakar