Gani Sabir Khan Qureshi And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:38005-DB appln-4584-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4534 OF 2025 1.

Gani s/o Sabir Khan Qureshi 2.

IrfanKhan s/o Dawood Khan 3.

Shakil Khan s/o Nisar Khan Qureshi 4.

Saiyyed Rashid s/o Saiyyad Nisar Qureshi 5.

Saiyyed Sarjeet s/o Saiyyed Shakil 6.

Kasai Alfan Khan s/o Alaf Khan 7.

Altaf Khan s/o Shakil Khan .. Applicants

Versus

1.

State of Maharashtra At the instance of Yawal Police Station, Tq. Yawal, Dist. Jalgaon.

2.

Rangnath s/o Trimbak Dharbale .. Respondents ...

Mr. N. R. Shaikh, Advocate for the applicants. Mr. S. B. Narwade, APP for respondent No.1/State. ...

CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE : 19 DECEMBER 2025 ORDER (Per Smt. Vibha Kankanwadi, J.) :- .

Present application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the FIR vide Crime No.401 of 2025 dated 13.10.2025 registered with Yawal Police Station, Taluka Yawal, District Jalgaon for the offence punishable under Sections 6 and 9A of the Maharashtra Animal Preservation Act, 1976. [1]

appln-4584-2025.odt 2.

Heard learned Advocate Mr. N. R. Shaikh for the applicants and learned APP Mr. S. B. Narwade for respondent No.1/State and perused the FIR.

3.

Learned Advocate appearing for the applicants submits that as per Section 6 of the Maharashtra Animal Preservation Act, 1979, what has been prohibited is slaughtering of cow and not buffalo. The applicants are running a licenced slaughter house and the licence to that effect has been produced under the name Bharat Buffalo Meat Shop and the name of the business in the licence is also Buffalo Meat. It would be unjust to ask the applicants to undergo the investigation and face the trial. 4.

Here, at this stage, we would say that the investigation is still pending. In the FIR, it is stated that the applicants were found possessing meat, which appears to be cow meat. As per the procedure, it would be sent for testing in the laboratory and without the laboratory report, this Court cannot come to the conclusion that it was a buffalo meat. The present application appears to be premature. Hence, the application stands rejected.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [2]