Allahabad High Court
GOVIND KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The High Court held that there was no illegality in the charge‑sheet or cognizance order and therefore dismissed the application for quash.
Summary
The applicant, Govind Kumar, filed an application under Section 528 of the BNSS seeking to quash a cognizance order dated 29‑08‑2024 issued by the Judicial Magistrate, Chakiya, Chandauli, along with the accompanying charge‑sheet in a case under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act. The applicant contended that the investigation material did not disclose any offence and that the proceedings were illegal. The State opposed, arguing that the material on record justified the charge‑sheet and that the matter was squarely within the trial’s jurisdiction. After reviewing the submissions and the record, the High Court found no illegality or impropriety in the charge‑sheet or the cognizance order. Consequently, the Court dismissed the application, holding that the proceedings were valid.
Issues considered
- Whether the cognizance order and charge‑sheet filed under the Cow Slaughter Act and the Prevention of Cruelty to Animals Act can be quashed under Section 528 of the BNSS.
Legislation cited
- BNSS — s. 528
- Cow Slaughter Act — s. 3, 5A, 8
- Prevention of Cruelty to Animals Act — s. 11
Subjects
- criminal procedure
- quash of cognizance
- charge-sheet
- animal protection legislation
- Section 528 BNSS
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8444 of 2026
Govind Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bipin Kumar, Mohd. Naushad Siddiqui
Counsel for Opposite Party(s) : G.A.
Court No. - 81
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. This application has been filed by the applicant to quash the cognizance
order dated 29.08.2024 passed by Judicial Magistrate, Chakiya Chandauli
in Criminal Case No.2149 of 2024, charge-sheet dated 15.08.2024, order
dated 18.10.2024 and criminal proceeding of Session Trial No.815 of
2024 (new Criminal Case No.1169 of 2024) (State Vs. Govind Kumar
and others) arising out of Case Crime No.131 of 2024, under Section
3/5A/8 of Cow Slaughter Act and Section 11 of Prevention of Cruelty to
Animals Act, Police Station Chakiya, District Chandauli, pending in the
court of 1st Additional District & Session Judge, Chandauli.
3. Learned counsel for the applicant submitted that the proceeding
initiated against the applicant is illegal and against the material available
on record; the material of investigation does not disclose commission of
any alleged offences against the applicant and as such the proceedings
initiated against the applicant including the impugned charge-sheet and
cognizance/summoning order are liable to be quashed by this Court.
4. Per contra, learned AGA for the State vehemently opposed the prayer
as made in the application and rebutted the stand taken up by learned
counsel for applicant by way of submitting that the averments whatsoever
has been raised by learned counsel for applicant is subject matter of trial
and submitted that after considering the material available on record,
NA528 No. 8444 of 2026
2
charge-sheet has been submitted against the applicant upon which learned
court concerned has rightly taken cognizance and summoned the
applicant.
5. After hearing rival submissions extended by learned counsel for the
parties and by bare perusal of record, there appears to be no illegality and
impropriety in the impugned charge-sheet and cognizance order and as
such learned court concerned has rightly proceeded against the applicant.
6. In view thereof, the instant application under Section 528 BNSS lacks
merit and is hereby dismissed.
(Vivek Kumar Singh,J.)
March 18, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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