Neutral Citation No. - 2025:AHC:53534-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 6968 of 2025 Petitioner :- Rahul Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashok Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner as well as Sri Rahul Asthana, learned AGA appearing for the respondents and have perused the record. 2. Present petition has been filed with a prayer to direct the respondent no. 2- District Magistrate, Varanasi to decide the Case No. 1040 of 2024 (Computer Case No. D202414700001040) (State vs. Rahul Gupta), under Section 5(A)7 of UP Prevention of Cow Slaughter Act, 1955, P.S. Badagon, District Varnasi. 3. Earlier the petitioner filed an application before this court being Application u/s 529 BNSS No. 545 of 2025 (Rahul Gupta vs. State of UP and 2 others), which was got dismissed as withdrawn on 24.3.2025 with liberty to file before the appropriate forum as the same was not maintainable. The said order is quoted as under: "Learned counsel for the applicant submits that he wants to withdraw this application as the same is not maintainable with liberty to file before appropriate forum. In view of the above, this application is dismissed as withdrawn with liberty as aforesaid." 4. We find that this petition may not be maintainable, however, looking into the fact that the application of the petitioner is pending since January, 2024 for release of the vehicle before the authority concerned, it is provided that the same shall be considered and decided by the respondent no. 2-District Magistrate, Varanasi on its own merit within two months from the date of production of certified copy of this order. 5. It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the application of the petitioner. 6. With the aforesaid observation/direction, this writ petition is finally disposed of. Order Date :- 11.4.2025 Abhishek Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad