- (1.) This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 8.4.2016 passed by the Additional Chief Judicial Magistrate, Court No. 2, Muzaffar Nagar in case crime no. 666 of 2016, under Section 3/5/8 of U. P. Prevention of Cow Slaughter Act, 1955 (hereinafter referred to as the Act), P.S. Kotwali, district Muzaffar Nagar as also the order dated 12.4.2016 passed by the Incharge Sessions Judge, Muzaffar Nagar in Criminal Revision No. 90 of 2016. It is further prayed that the court below may be directed to dig out the 1637 hides and the same may be released in the custody of the applicant.
(2.) Submission of the learned counsel for the applicant is that offence under Section 3/5/8 of the Act is not attracted against the applicant in the present matter. Applicant moved release application along with the receipts of the ownership of the hides and also to transport the same. Irrespective of all these facts the court below illegally rejected the release application allowing the application moved by the Investigating Officer for immediate disposal of the hides. It was further argued that panel report is also not exclusive as final report was not available with them. It was next argued that a report is still awaited from Forensic Science Laboratory, Mathura.
(3.) Learned A.G.A. appearing for the State argued that prima facie it is established that leather/hides said to have been recovered were of cows. Thus order passed by the court below is not illegal. The applicant could also not show before the court below that the person on whose behalf they were carrying the hides had licenses for slaughtering of the cows.;