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2025 DAILYLAW 26178 (ALL)

TALIB v. STATE OF U.P.

A227/2182/2025 · 2025-03-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31125 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 2182 of 2025 Petitioner :- Talib Respondent :- State of U.P. Counsel for Petitioner :- Ajay Kumar Pathak Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The instant petition has been preferred with following reliefs:- "(i) set aside the impugned order dated 04.07.2024 passed by learned Additional District Judge, Court No.3, Hathras in Criminal Revision No.10 of 2024 (Talib Vs. State of U.P.) as well as order dated 10.01.2024 passed by learned Judicial Magistrate, Hathras arising out of Case Crime No.362 of 2023 (State Vs. Shamil and Others) under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Sadabad, District Hathras. (ii) direct the court below to release the motorcycle No. UP 86 AB 0156 in favour of petitioner in Case Crime No.362 of 2023 (State Vs. Shamil and Others) under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Sadabad, District Hathras, within stipulated period as fixed by this Hon'ble Court." 3. At the very outset, learned A.G.A. raised a preliminary objection by way of submitting that there is no infirmity in the order impugned since the matter is adjudicated by learned court concerned on the basis of jurisdiction which is not enabling the learned court concerned for initiating the matter for release of vehicle in terms of provision contained under section 5A(7) of U.P. Prevention of Cow Slaughter Act. 4. When confronted with above, learned counsel for the petitioner could not overcome the same. 5. In view of the above, this petition stands dismissed. Order Date :- 5.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad