'FIR discloses cow meat recovery, no licence for running slaughter house': Allahabad High Court refuses to quash case against Madrasa teacher and others

The Allahabad High Court recently refused to quash criminal proceedings initiated against four persons including a Madrasa teacher and Assistant Teacher in State's education department in a cow meat recovery case.

A case was registered against a total of ten persons including the present applicants pursuant to the recovery of 2 quintals 20 kg. of beef. The First Information Report (FIR) also mentioned that not only the cow meat but also 16 livestock cattle were also found in the custody of the applicants.

Rejecting the contention raised by the applicants that the Forensic Laboratory did not disclose that the sample sent was of cow meat therefore no case under the Prevention of Cow Slaughter Act was made out, the bench of Justice Rohit Ranjan Agarwal said, 

"I find from the perusal of the First Information Report that prima facie cognizable offence is made out against the applicants and only the report of the lab about the chemical analysis of the sample which was sent having been found not to be cow meat but 16 live stock cattle have been found in the custody of the applicants along with other materials.....and there being no license with the applicants for running slaughter house, prima facie, the offence is made out and charge sheet having been submitted, and there being serious allegations, no ground is made out for quashing the proceedings."

Court clarified that the defence of the FSL report raised by the applicants will be considered by the trial court and such defence set up in the present application cannot be considered by the High Court at the instant stage i.e. the stage of quashing of the charge sheet.

Court added that the dictum of Apex Court is that the power under Section 482 Cr.P.C. should be invoked in exceptional cases where no offence is made out or the allegation in the report on face of it does not constitute any offence then such proceedings can be quashed.

The case was registered in the year 2020 under Sections 153- A, 420, 429, 188, 269, 270, 273 I.P.C. and section 3/5/8 of Prevention of Cow Slaughter Act, 1955 and section 11 of Prevention of Cruelty to Animals Act, 1979 and section 7/8 of Environment (Protection) Act, 1986, and is pending in the court of Chief Judicial Magistrate, Mau.

Case Title: Parvez Ahmad And 3 Others v. State of UP and Another