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2018 DIGILAW 2237 (ALL)

Shamshad v. State of U. P.

2018-10-26

UMESH CHANDRA TRIPATHI

body2018
JUDGMENT : Umesh Chandra Tripathi, J. 1. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 2. This application under Section 482, Cr.P.C., has been filed to quash the impugned charge-sheet dated 23.7.2018 arising out of Case Crime No. 199 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Asmauli, District Sambhal and entire proceedings of case No. 512 of 2018 (State v. Mohd. Hussain and others) pending in the Court of Judicial Magistrate, Court No. 1, Sambhal. 3. Learned counsel for applicant contended that co-accused Mohd. Hussain and Nazim have been arrested by the police on the spot. On the basis of confessional statement of co-accused before the police, applicant and other co-accused Ikram and Arif have been made accused in this case. Confessional statement of the co-accused before the police is not admissible in evidence. 4. As per provision under Section 239, Cr.P.C. an alternative remedy is available to the applicant to get discharge by the Magistrate concerned. 5. Accordingly, it is not appropriate for this Court to pass order of quashing in exercise of extraordinary jurisdiction. 6. In view of above, prayer for quashing the proceedings of the aforesaid case is refused. 7. However, it is provided that in case, the applicant claims discharge through counsel within 30 days from, today, the same shall be considered and disposed of expeditiously within 30 days from the date of presentation of discharge application before the court concerned. 8. Till, the disposal of the discharge application, no coercive action shall be taken against the applicant. 9. In the result, the application under Section 482, Cr.P.C. is disposed of.