Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 29562 (ALL)

USHA DEVI v. STATE OF U.P. AND 3 OTHERS

CRLP/4955/2025 · 2025-03-17

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:38895-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4955 of 2025 Petitioner :- Usha Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Sagar Yadav Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State- respondents. 2. The present writ petition has been preferred with prayer to quash the impugned judgement and order dated 07.01.2025 passed by the respondent no. 2 in Case No. 2607 of 2024 Computerized Case No. D202415090002607 (State vs. Santosh Pandit), under section 5A of the U.P. Prevention of Cow Slaughter Act 1955, P.S. Bairiya, District Ballia and also direct the respondents to release the vehicle being Registration No. BR-04-GA-5856 in favour of the petitioner. 3. Learned counsel for the petitioner submits that the instant petition has been filed against the order dated 07.01.2025 of confiscation of Vehicle passed by the District Magistrate. 4. Learned A.G.A. raised a preliminary objection to the maintainability of the writ petition on the ground that against the confiscation order passed by the District Magistrate, petitioner is having efficacious remedy to press revision before the competent Court. 5. Confronted with the situation, learned counsel for the petitioner states that the petition may be disposed of with liberty to press revision before the competent Court. 6. In view of facts stated above, as the petitioner is having statutory alternative remedy of filing a revision against the order of confiscation passed by the District Magistrate, the instant writ petition is disposed of with the aforesaid leave. Order Date :- 18.3.2025 Bhanu (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad