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2025 DAILYLAW 18109 (ALL)

SATISH YADAV v. STATE OF U.P. AND 2 OTHERS

CRLP/3187/2025 · 2025-03-05

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32138-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3187 of 2025 Petitioner :- Satish Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bharti Mishra Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Ms. Bharti Mishra, learned counsel for the petitioner as well as learned AGA appearing for the State respondents and perused the record. 2. Present petition has been filed challenging the impugned order dated 4.1.2025 passed by the respondent no. 2 (Collector/District Magistrate, Jaunpur). It is also prayed that the respondent no. 3 be directed to release the vehicle of the petitioner bearing its Vehicle No. UP-61/AT-8208 in favour of the petitioner. 3. Admittedly, the petitioner has an effective remedy under the provisions of Code of Criminal Procedure, 1973 (now B.N.S.S., 2023) in view of Sub- section 11 of Section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, which clearly provides that where the provisions of this Act or related Rules in context of search, acquisition, disposal and seizure are silent, the relevant provisions of the Code of Criminal Procedure, 1973 shall be effective thereto. 4. In such view of the matter, we are not inclined to entertain the petition against the order impugned herein. 5. Petitioner is at liberty to avail the remedy as may be advised. 6. Present petition is accordingly dismissed on the ground of effective statutory alternative remedy, however, with the observations as made above. Order Date :- 6.3.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad