Neutral Citation No. - 2025:AHC:30517-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 2889 of 2025 Petitioner :- Santosh Chaurasiya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Pandey,Sanjay Kumar Asthana Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Sanjay Kumar Asthana, learned counsel for the petitioner, learned AGA for the State-respondents and pursed the record. 3. This writ petition has been filed for quashing the impugned order dated 21.10.2024, passed by the District Magistrate, Azamgarh Division, Azamgarh, in Case No.1216 of 2023(Computerize Case No.D202315090001216), (State Vs. Santosh Chaurasiya), under Section 5(a) of U.P. Cow Slaughter Act, 1955. 4. Certified copy of the judgment and order dated 21.10.2024, passed by the Additional Sessions Judge, Court No.1, Ballia, in Session Trial No.789 of 2023, arising out of Case Crime No.305 of 2023, under sections 3, 5A, 8 of Cow Slaughter Act and section 11 of the Animal Cruelty (Prevention) Act, Police Station Kotwali, District Ballia, has been placed before this Court, which is taken on record. The same is also on record as annexure no.3 to the writ petition. 5. The Pickup Vehicle No.U.P.60AT-7369 of petitioner was apprehended in checking by the police and implication of the petitioner alongwith co-accused Raja Singh was made in Case Crime No.305 of 2023, aforesaid. 6. The trial court by the judgment and order dated 21.10.2024, aforesaid exonerated the petitioner of charges under sections 3, 5A, 8 of U.P. Cow Slaughter Act and section 11 of Animal Cruelty Act. However, by order of date, the District Magistrate, Ballia directed confiscation of the aforesaid vehicle under section 5(a)(7) of U.P. Prevention of Cow Slaughter (Amendment) Act, 2020, in favour of the State Government. 7. Learned counsel for the petitioner submits that once the Sessions Court did not found commission of any offence under sections 3, 5A, 8 of U.P. Prevention of Cow Slaughter Act and exonerated the petitioner of all charges, there were no justification for the District Magistrate, Ballia to confiscate the vehicle involved in the alleged incident, in favour of the State Government. 8. Learned AGA appearing on behalf of the State-respondents has submitted that appeal/revision could have been filed by the State against the order dated 21.10.2024, passed by Sessions Court. 9. Learned counsel for the petitioner has filed a supplementary affidavit stating that the order of acquittal dated 21.10.2024, passed by Sessions Court has not been challenged before any competent court of law to the best of the knowledge of the deponent of the supplementary affidavit. 10. After hearing the rival submissions of learned counsel for the parties, this Court finds that since the order dated 21.10.2024, passed by the Sessions Court has acquitted the petitioner, the order of District Magistrate, Ballia, under section 5(a)(7) of U.P. Prevention of Cow Slaughter (Amendment) Act, 2020, could not be upheld, in view of the exoneration of the petitioner of the charges under sections 3, 5A, 8 of Cow Slaughter Act and section 11 of the Animal Cruelty (Prevention) Act. 11. The same is deserves to be quashed and is hereby quashed. 12. The writ petition is allowed. 13. The District Magistrate, Ballia is directed to release the Pickup Vehicle No.U.P.60AT-7369, in favour of petitioner, within three days of production of certified copy of this order before him and send compliance report to Registrar (Compliance) of this Court to be kept on record. Order Date :- 4.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad