HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 8912 of 2025 Court No. - 85 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard learned counsel for the petitioner, Mr. Ratan Singh, learned Additional Government Advocate-I for the State and perused the record. 2. The instant petition under Article 227 of the Constitution of India has been filed seeking quashing of the impugned judgment and order dated 02.07.2025 passed by learned Special Judge (S.C./S.T. Act), Chandauli in Criminal Revision No. 31 of 2025 (Vinod Kumar Singh v. State of U.P.) and judgment and order dated 06.03.2025 passed by the learned District Magistrate, Chandauli in Case No. 1093 of 2024 (Computerized Case No. D202414180001093) (State Vs. Vinod Kumar Singh) under Section 5A(7) of U.P. Prevention of Cow Slaughter Act, 1955 arising out of Case Crime No. 100 of 2024 under Sections 5 and 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty Act, 1960 Police Station Shahabganj, District Chandauli. 3. The facts, in brief, giving rise to the present petition is that, on 19.09.2024, a police personnel lodged an FIR at Police Station Shahabganj District Chandauli as Case Crime No. 0100 of 2024 under Sections 5 and 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of the Animal Cruelty Act, 1960 against the petitioner and other accused persons and the vehicle of the petitioner was seized alleging that the petitioner were transporting cow and its progeny for slaughtering. Thereafter, summons were issued to the petitioner and petition has submitted his objection on 03.03.2025 stating that his vehicle be released. 4. However, the District Magistrate, Chandauli vide order dated 06.03.2025, Versus Counsel for Petitioner(s) : Sapana Singh, Vikas Mishra Counsel for Respondent(s) : G.A. Vinod Kumar Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) rejected the release application of the petitioner. 5. Being aggrieved by the said order, the petitioner preferred a Criminal Revision before the Court of learned Special Judge (S.C./S.T. Act), Chandauli which was also rejected vide order dated 02.07.2025. 6. The main submission of learned counsel for the petitioner is that the petitioner being the owner of vehicle No. UP65-KT-4942 possesses the certificate of registration as well as permit in respect to the goods. The petitioner was transporting the alleged cows and its progeny on the basis of rent as settled with Mantosh. Mantosh has purchased the said cow along with cough for the purposes of milk and for the purpose of slaughtering. In this regard, purchase receipt was also provided to the police authorities but they did not consider the same and illegally seized the vehicle. However, the learned court below did not consider the said fact and passed the impugned order. 7. Learned A.G.A. for the State has opposed the prayer and submitted that the proceedings under Section 5A of the U.P. Prevention of Cow Slaughter Act has been rightly initiated as the alleged vehicle was used in transportation of the cow and its progeny (bovines) for their slaughtering and were recovered from the alleged vehicle of the petitioner and thereafter, the FIR was registered and accordingly, the vehicle was seized. 8. Per contra, learned A.G.A. has further raised an objection that the present petition is not maintainable as the petitioner should have availed the appropriate remedy as per the Notification No. U.O./77 U.O-VI-P-9-2024 dated 15.10.2024 issued by the Government of U.P., before the Divisional Commissioner as against the order of confiscation passed by District Magistrate initiated under Section 5A of the U.P. Prevention of Cow Slaughter Act, 1955, the revision lies before the Divisional Commissioner. 9. At this stage, learned counsel for the petitioner seeks liberty that the petitioner may be permitted to file criminal revision against the impugned order before the Divisional Commissioner after the condonation of delay. 10. Hence, in pursuance to the aforesaid notification, the petitioner may avail an appropriate alternative remedy to redress his grievances. A227 No. 8912 of 2025 2 11. Accordingly, order dated 02.07.2025 passed by learned Special Judge (S.C./S.T. Act), Chandauli is hereby set aside and the petition is disposed of with the observations that the petitioner may file a criminal revision before Divisional Commissioner within a period of four weeks from today, which shall be heard and decided expeditiously, by giving opportunity of hearing to both the parties preferably within a period of six weeks after condoning the delay, if there is no other legal impediment. August 28, 2025 Aditya Tripathi A227 No. 8912 of 2025 3 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad