HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9797 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to set aside the impugned appellate order dated 4.9.2025 passed in Case No.1146 of 2025 (Mahesh @ Mahesh Kumar Vs. State of U.P.) by opposite party no.2 as well as the original order dated 10.12.2024 passed by the District Magistrate, Hardoi. 3. On 11.12.2025, following order was passed :- 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard. 3. This application has been filed with the following prayer:- "To set aside the impugned appellate order dated 04.09.2025 (Annexed as Annexure No. 1) passed in Case No. 1146/2025 (Mahesh @ Mahesh Kumar vs. State of U.P.) by Opposite Party No. 2, as well as the original order dated 10.12.2024 (Annexed as Annexure No.3) passed by the District Magistrate, Hardoi; to direct the respondents not to auction, sell, or otherwise dispose of the Applicant's vehicle bearing Registration No. UP-92 Y-6648 during the pendency of the criminal trial, and to release the same in favour of the Applicant on such terms and conditions as this Hon'ble Court may deem fit and proper in the interest of justice." 4. Learned counsel for the applicant submits that on the request of gulzar, vehicle was given to him for his personal use. The involvement of the vehicle of the applicant was shown on the basis Versus Counsel for Applicant(s) : Akhilesh Pratap Singh, Kushagra Kanodia Counsel for Opposite Party(s) : G.A. Mahesh @ Mahesh Kumar .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Hardoi And 3 Others .....Opposite Party(s) of confessional statement that the said vehicle was escorting the vehicle, in which, the cows were being transported. He further submits that except the confessional statement of the co- accused, there is no evidence against the applicant. He next submits that the vehicle was never used for transportation of cows, hence, seizure of the vehicle under provisions of Section 5-A of Cow Slaughter Act is illegal. All these facts were not considered properly by learned trial Court. Relying on the judgment of Hon'ble Supreme Court in the case of Kaliya Vs. State of U.P. and others reported in Crl. Misc. Writ Petition No. 6826 of 2023, learned counsel for the applicant requests for indulgence of this Court. 5. Learned A.G.A. prays for and is granted some time to file counter affidavit/reply. 6. List this case on 18.12.2025 within top ten cases. 7. By the next date, District Magistrate, Hardoi is directed to file reply, failing which, he shall appear in person before this Court. 8. As the vehicle in question is standing in the premises of the police station since 2023, the matter will be decided on the next date. 4. In pursuance of aforesaid order, counter affidavit filed by learned A.G.A. duly signed by Mr. Anunaya Jha, District Magistrate, Hardoi is taken on record. 5. The counter affidavit reveals that on the basis of statement of co- accused that vehicle in question was being used for escorting the vehicle by which cows were being transported, except this, there is no evidence against the applicant. 6. Learned counsel for the applicant relies on the decision of Karan Talwar Vs. State of Tamil Nadu passed in S.L.P. (Cr.) No.10736 of 2022 and submits that confessional statement of the co-accused cannot be translated into admissible evidence at the stage of trial against any other co-accused person. He further submits that as the vehicle of the applicant is detained by the Investigating Officer and same is standing in the Police Station Kasimpur, District Hardoi since 21.12.2023, therefore, same may be released in favour of the registered owner/applicant. 7. Learned A.G.A. does not dispute this fact that in the affidavit filed by the District Magistrate, Hardoi, it is admitted that on the basis of confessional statement of co-accused, namely, Gulzar s/o Mohd. Imam, Tanveer s/o Bhure and Saddam s/o Sarvar, proceeding has A482 No. 9797 of 2025 2 been taken against the vehicle in question of the applicant. 8. Considering the submissions of learned counsel for the applicant, learned A.G.A., going through the contents of the application as well as counter affidavit, as the confessional statement of the accused cannot be translated into admissible evidence at the stage of trial but merely on the basis of statement of co-accused, vehicle of the applicant has been detained in the police station since December, 2023, accordingly, the present application is allowed and impugned appellate order dated 4.9.2025 passed in Case No.1146 of 2025 (Mahesh @ Mahesh Kumar Vs. State of U.P.) by opposite party no.2 as well as the original order dated 10.12.2024 passed by the District Magistrate, Hardoi are hereby set aside. 9. The District Magistrate, Hardoi as well as S.H.O., Police Station - Kasimpur, Hardoi are directed to release the vehicle in question forthwith, in favour of the registered owner. 10. Let a copy of this order be also forwarded to the Principal Secretary, Home, Govt. of U.P. as well as Director General of Police, U.P. for necessary action. December 18, 2025 GauraV/- A482 No. 9797 of 2025 3 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench