Neutral Citation No. - 2025:AHC:68261 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2568 of 2025 Applicant :- Ashok Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Hiralal, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the prayer to quash the order dated 29.10.2024 passed by learned Additional Chief Judicial Magistrate, Court no. 1, Varanasi in Case Crime no. 331 of 2022 under sections 3/5A/8 of U.P.Prevention of Cow Slaughter Act, 1955, PS- Rohaniya, District Chandauli, whereby vehicle release application of applicant has been rejected.Further prayer has been made to issue direction to concerned court to release the vehicle in question. 3. Learned counsel for applicant submitted that vehicle of applicant has been seized over the allegation of committing offence of illegal transportation of animals through the said vehicle. Applicant moved application seeking release of the said vehicle before learned Additional Chief Judicial Magistrate, Court no. 1, Varanasi who vide impugned order dated 29.10.2024 dismissed the said application. 4. It is contended by learned counsel for applicant that vehicle in question is registered in the name of applicant. The alleged vehicle in question was given on to driver of applicant on rent who without information of applicant loaded the cattle over the vehicle. Applicant and his vehicle has no concern with the alleged crime. Learned Additional Chief Judicial Magistrate, Court no. 1, Varanasi without considering the facts and circumstances and without applying judicial mind rejected the release application of applicant illegally on the ground that he has no jurisdiction for release of vehicle. For substantiating his arguments, learned counsel for applicant relied upon judgment rendered by co- ordinate Bench of this Court in case of Mohd. Danish vs. State of U.P. and others passed in Criminal Revision no. 3618 of 2021 on dated 27.04.2022. 5. Per contra, learned AGA vehemently opposed the prayer sought through the instant application and submitted that learned court concerned while passing order dated 29.10.2024 is fully justified. Since proceeding for release of vehicle in instant case are pending before concerned District Magistrate, therefore the court concerned has rightly rejected the application of applicant. 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 29.10.2024, learned Additional Chief Judicial Magistrate, Court no. 1, Varanasi rightly observed that under Section 5A of Cow Slaughter Act, proceeding is pending before concerned District Magistrate and as such vehicle release application cannot be entertained. Impugned order dated 29.10.2024 is fully justified. 7. Further the judgment relied upon learned counsel for applicant in case of Mohd. Danish (supra) wherein provisions of Special Act has not been dealt and as such the same is not applicable in the instant matter. It is well settled that the inherent powers under Section 482 Cr.P.C. 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 482 Cr.P.C.. 8. In view of the foregoing, the application under Section 482 Cr.P.C. 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