Allahabad High Court
RAJU ALIAS SHAHJAD ILAHIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application for quash was dismissed as not pressed, without addressing the merits.
Summary
Raju Alias Shahjad Ilahi filed an application under Section 482 of the Code of Criminal Procedure seeking to quash the order dated 03.02.2024 of the Additional Chief Judicial Magistrate, Muzaffar Nagar, which had dismissed his discharge application in a case under Sections 3, 5 and 8 of the U.P. Prevention of Cow Slaughter Act. The High Court heard the matter and the applicant’s counsel subsequently expressed that the applicant did not wish to press the application. In view of the withdrawal, the Court dismissed the application as not pressed, granting liberty to file a fresh appropriate application before a competent court. The Court directed that certified copies of the relevant documents be returned to the applicant’s counsel after retaining a photocopy. No substantive merits of the quash petition were examined.
Issues considered
- Whether the order of the Additional Chief Judicial Magistrate dismissing the discharge application can be quashed under Section 482 of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482
- U.P. Prevention of Cow Slaughter Act — s. 3, 5, 8
Subjects
- Section 482 CrPC
- quash of order
- cow slaughter legislation
- discharge application
- withdrawal of application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26506 of 2024
Raju Alias Shahjad Ilahi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Shanker Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri S.S. Pandey, learned counsel for the applicant and Sri Chhavipal
Singh, learned A.G.A. for the State are present.
The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the order dated 03.02.2024 passed by Additional Cheif
Judicial Magistrate, Court No. 1, Muzaffar Nagar in Case No. 4887/9 of
2017, arising out of Case Crime No. 07 of 2017, under Sections 3/5/8 of
U.P. Prevention of Cow Slaughter Act, P.S. Kotwali Nagar, District
Muzaffar Nagar, whereby discharge application has been dismissed.
After some arguments, learned counsel for the applicant does not want to
press the present application.
In view of above, the present application u/s 528 of BNSS of 2023 is
dismissed as not pressed with liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel
for the applicant after retaining a photocopy of the same.
May 18, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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