ALLAH NOOR Vs. STATE OF U P
LAWS(ALL)-2004-10-80
HIGH COURT OF ALLAHABAD
Decided on October 01,2004

ALLAH NOOR Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and the learned AGA.
(2.) THIS application has been filed for quashing criminal proceedings against 64 applicants in case No. 3351 of 1998, State v. Allah Noor and others, arising out of case crime No. 728 of 1997, under Sections 3/5 -A/8 of the U.P. Prevention of Cow Slaughter Act (hereinafter referred to as the Act) and Section 3/11/38 of the Prevention of Cruelty to Animals Act, as also Sections 419, 420, 467, 468, 471, 429 and 120 -B IPC, relating to PS GRP, Gorakhpur, District Gorakhpur. The allegations in the FIR were that 1225 cattle were being transported in 61 bogies of a goods train on 22 -10 -1997 which were seized at Gorakhpur Railway Station by G.R.P., Gorakhpur. It is alleged that all the 64 accused were present in the bogies to look after the cattle and they were taking the cattle to Bihar for the purpose of slaughtering them, after preparing forged documents regarding permits etc. It is further clearly stated in the FIR that the papers, which were recovered from the applicants, showed that the cattle had been purchased from Jagran Samiti Pashu Mela, Wamomalgarh, Jodhpur, Rajasthan, and they were being taken to Metha Shahr in Motihari in Bihar.
(3.) THE case of the applicants was that the applicants had purchase the cattle from Rajasthan as per the documents that were seized from them and they were taking them for sale to the cattle market at Motihari in Bihar for agricultural purposes.;


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