Neutral Citation No. - 2025:AHC:136941 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28051 of 2025 Applicant :- Monu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prabhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to direct the opposite party nos. 3 and 4 to release the vehicle bearing registration no. UP73T4632 in favour of applicant confined at PS- Khaga, District Fatehpur in connection with Case Crime no. 214 of 2024 under sections 3/5A/8 of Cow Slaughter Act and section 11(ड) of Animal Cruelty Act forthwith in compliance of order dated 25.09.2024 passed by learned Judicial Magistrate, Khaga, Fatehpur in Case no. 8308 of 2024 under Section 207 of Motor Vehicles Act arising out of Case Crime no. 214 of 2024. 3. Learned counsel for applicant submitted that vide order dated 25.09.2024, order for release of applicant's vehicle has already been issued by learned Judicial Magistrate, Khaga, Fatehpur but the concerned authorities have not taken any action for complying the said order and as such present application has been filed seeking execution of said order. 4. Per contra, learned AGA vehemently opposed the prayer sought through instant application and submitted that an application u/s 528 BNSS is not maintainable for seeking execution of order passed by Judicial Magistrate and hence the present application is liable to be rejected. 5. Upon due consideration, this Court finds that instant application filed under Section 528 BNSS is slightly different from the jurisdiction available to this Court, since the applicant sought prayer for seeking execution of the order passed by learned Judicial Magistrate through which the vehicle of the applicant has already been released. The inherent power of the Court prescribed under Section 528 BNSS is a superintending power through which any illegality or irregularity can be judicially adjudicated, if committed, by learned court below. So far as the execution of the order passed by learned court is concerned, the same may be preferred through an application before the same court at the behest of the applicant. 6. In view of aforementioned facts and circumstances, applicant is having alternative and efficacious remedy available in shape of preferring an application for seeking execution of the order passed by learned Judicial Magistrate before the same court and in absence of the same, no interference can be acceded in pursuant to the prayer as made through instant application which lacks merit hence, dismissed. Order Date :- 12.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad