Neutral Citation No. - 2025:AHC:25487 Court No. - 76 Case :- APPLICATION U/S 482 No. - 8257 of 2024 Applicant :- Fatma Khatoon & Ors Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Devesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been preferred with the prayer to quash the impugned order dated 17.10.2023, passed by the learned Sessions Judge, Chandauli in Criminal Revision No. 150 of 2023, titled State v. Fatma Khatoon, as well as order dated 11.07.2023, passed by the District Magistrate Chandauli in Case No. 525 of 2023, under Section 5A of U.P. Prevention of Cow Slaughter Act, 1955. 3. Learned counsel for the applicant states that the applicant is owner of the vehicle bearing No. UP-65 LT-1599, which was found to be involved in commission of offence registered by the Police in Case Crime No.30 of 2023, under section 11 of Prevention of Animal Cruelty Act and Section 5(A)/5(B)/8 of the U.P. Cow Slaughter Act, P.S. Baburi, District Chandauli. The said vehicle was seized by the police with the allegation of transportation of the cows. Thereafter, the applicant moved an application before the Magistrate for release of the vehicle, but vide order dated 11.7.2023, the Magistrate rejected the application of the applicant. Thereafter he filed revision petition challenging aforesaid order, passed by the District Magistrate, the same was also dismissed by the court of Sessions Judge, Chandauli vide order dated 17.10.2023 and the order dated 11.07.2023, passed by the District Magistrate, was upheld. The vehicle is lying in the police custody since 29.03.2023 which is causing inconvenience to the business of the applicant. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship. 4. Aggrieved by the order dated 17.10.2023, the applicant has preferred the instant application before this Court for release of the vehicle in his favour. 5. On perusal of the report, it transpires that the vehicle was seized on 09.06.2023. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the investigating officer to the keep the vehicle in Police Station. 6. In view of law laid down by Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat 2002 SCC Online SC 934, let the vehicle be released in favour of the applicant subject to the conditions that applicant shall produce the vehicle as and when required by the Police or the Court where the trial is pending; during the pendency of the trial, applicant shall not sell or dispose of the vehicle; the vehicle shall be used only for the purpose for which it has been purchased and not for any illegal purpose. If the vehicle is found to be involved in any of the offence, the same shall be intimated to the Court where the case is pending, the other conditions viz. security bond etc., shall be decided by the C.J.M. Chandauli, as he may deem fit and proper. 7. The instant application stands allowed. Order Date :- 20.2.2025 Prajapati Justice Vinod Diwawkar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad