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2025 DAILYLAW 199189 (ALL)

MOHD. SALMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

CRLP/9907/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9907 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred seeking following main relief(s):- "(1) A Writ order or direction in the nature of certiorari to quash the impugned order dated 10/05/2024 passed by the learned District magistrate Sultanpur in case no 787/2023 computerized case no D202304680000787 State vs Mahmood by which vehicle bearing registration no UP62BB5969 of the petitioner has been confiscated/seized in exercise of power under section 5A of UP prevention of cow slaughter act 1955 to pursuant to First Information Report vide case crime no 020/2022 u/s 3/5A/8 Of UP Cow Slaughter Act and sec 11 or prevention of cruelty to animals act police station Kadipur District Sultanpur, has been rejected contained as Annexure no 1 to this petition.." 3. At the very outset, learned AGA raised a preliminary objection regarding entertainability of this petition. He stated that in view of Section 438 BNSS, akin to Section 397 Cr.P.C. (now repealed), the petitioner is having a remedy of filing a revision before the Session Court challenging the impugned order dated 10.05.2024. In this regard, he placed reliance on the order dated 24.07.2023 passed by this Court in Criminal Misc. Writ Petition No. 7938 of 2023 (Rajesh Yadav vs. State of U.P. and others). 4. Considering the aforesaid, this Court is not inclined to entertain the Versus Counsel for Petitioner(s) : Akhil Kumar Singh, Gyanendra Pratap Yadav Counsel for Respondent(s) : G.A. Mohd. Salman .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) present petition. It is accordingly disposed of with liberty to the petitioner to approach Session Court by preferring a revision, which shall be decided by the revisional court, most expeditiously, if the revisionist prefers the aforesaid revision within ten days from today. 5. With the aforesaid, the present petition is disposed of finally. October 17, 2025 Arun/- CRLP No. 9907 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench