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2025 DAILYLAW 91490 (ALL)

SHAHEEN BEGUM v. STATE OF UP AND 3 OTHERS

CRLP/20128/2025 · 2025-09-16

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20128 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State. 2. This writ petition has been filed for quashing of the F.I.R. dated 09.01.2025 passed by the respondent No. 2, (District Magistrate, Mandal Gorakhpur, District- Deoria) and it has been prayed that the vehicle of the petitioner bearing no. UP-52-AT-79523 be released. 3. Learned AGA in opposition of the writ petition states that as per the Govt. Notification dated 15.10.2024, the petitioner had an efficacious remedy of filing a Revision. 4. We have also perused the above notification which is reproduced herein below:- UTTAR PRADESH SHASAN Grih (Police) Anubhag-9 In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of Notification no. U.0./77/VI-P-9-2024 dated 15 October, 2024. NOTIFICATION No. U.O./77 U.O-/VI-P-9-2024 Lucknow: Dated: 15 October, 2024 In exercise of the powers under sub-section (5) of section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act. 1955 (U.P. Act no. 1 of 1956) read with section 21 Versus Counsel for Petitioner(s) : Santosh Kumar Tiwari Counsel for Respondent(s) : G.A. Shaheen Begum .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to authorise the Divisional Commissioner to satisfy himself at any time as to the legality or propriety of the action taken under the section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (U.P. Act no. I of 1956), call for and examine the record of any case and pass such order thereon as he may deem fit. The aforesaid power shall be exercised within the limit of the respective districts of the Divisional Commissioners. It is further Clarified that aforesaid authority Conferred to Division Commissioner may be know as Revisional Jurisdiction. By Order, (Rajesh kumar) Secretary. Signed by Rajesh Kumar Date: 15-10-2024 14:44:39 5. The petitioner has thus an efficacious alternative remedy of filing a Revision. A division bench of this court has also in Crl. Misc. Writ Petition No. 14242 of 2025 dated 18.07.2025 held that the petitioner has an efficacious remedy as per the Government Notification order dated 15.10.2024 of filing a Revision. 6. Under such circumstances, we provide that the if the petitioner files a Revision within a period of 15 days from today, then the authority entertaining the Revision shall, without going into the question of limitation shall decide the same within a period of one month. 7. With these observations the writ petition is, accordingly, disposed of. September 17, 2025 vijay krishna CRLP No. 20128 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KRISHNA JAISWAL High Court of Judicature at Allahabad