Neutral Citation No. - 2025:AHC:67987 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13325 of 2025 Applicant :- Smt. Neetu Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kedar Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Kedar Nath Mishra, learned counsel for applicants and learned AGA for State. 2. Present application has been preferred with prayer to quash order dated 16.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 19, Deoria in Case Crime no. 204 of 2022 under sections 307, 34 IPC & 3/5A/8 U.P.Cow Slaughter Act & Section 11 Prevention of Cruelty of Animals Act and 3/25 Arms Act, PS- Baghauch Ghat, District Deoria, whereby vehicle release application of applicant no. 1 has been rejected.Further prayer has been made to issue direction to learned Additional Chief Judicial Magistrate, Court no. 19, Deoria to release the vehicle in question. 3. Learned counsel for applicants submitted that vehicle of applicants has been seized over the allegation of committing offence of illegal transportation of animals through the said vehicle. Applicant no. 1 moved application seeking release of the said vehicle before learned Additional Chief Judicial Magistrate, Court no. 19, Deoria who vide impugned order dated 16.10.2024 dismissed the said application. 4. It is contended by learned counsel for applicants that vehicle in question is registered in the name of husband of applicant no. 1 i.e. applicant no. 2 who used to live outside the country and at the time of incident he was not present in the country. The alleged vehicle in question was given on contract basis to one Gulab Hasan on rent. Applicants and their vehicle has no concern with the alleged crime. Learned Additional Chief Judicial Magistrate, Court no. 19, Deoria without considering the facts and circumstances and without applying judicial mind rejected the release application of applicant no. 1 illegally on the ground that he has no jurisdiction for release of vehicle. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that learned court concerned while passing order dated 16.10.2024 is fully justified. 6. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that vide impugned order dated 16.10.2024, learned Additional Chief Judicial Magistrate, Court no. 19, Deoria rightly observed that under U.P. Cow Slaughter Act, 1955, he has no jurisdiction for releasing the vehicle involved in offence committed under the Act of 1955. 7. For ready reference, Section 5A(7) of U.P. Cow Slaughter Act, 1955, is reproduced hereinbelow: "The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of the Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do all proceedings of confiscation and release, as the case may be." 8. In light of aforesaid discussion and provisions, impugned order dated 16.10.2024 is fully justified. It is well settled that the inherent powers under Section 528 BNSS are to be exercised sparingly and with caution, primarily to prevent abuse of the process of the court or to secure the ends of justice. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 528 BNSS. 9. In view of the foregoing, the application under Section 528 BNSS is devoid of merits and is accordingly dismissed. Order Date :- 29.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad