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Neutral Citation No. - 2025:AHC:12337 Court No. - 76 Case :- APPLICATION U/S 482 No. - 1788 of 2025 Applicant :- Shanu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Jaid Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.
2. The instant application has been preferred with a prayer to quash the impugned order dated 24.01.2024 passed by the learned Special Chief Judicial Magistrate, Agra, in Case Crime No. 164 of 2023, registered under Sections 429, 120B, 211 of IPC and Sections 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, at Police Station Etmaddaula, District Agra, and further to seek release of the applicant's vehicle bearing Registration No. UP-80-EX-7250.
3. Learned counsel for the applicant submits that the applicant is the bona fide registered owner of the vehicle bearing Registration No. UP-80-EX-7250, which was allegedly involved in the commission of the offence in question. It is contended that the said vehicle was seized during the investigation of the case, and its continued detention is unjustified.
4. Upon perusal of the impugned order dated 24.01.2024, it is evident that the applicant, without exhausting the alternative statutory remedies as is available to approach the District Magistrate or the Commissioner, but has directly approached the
learned Chief Judicial Magistrate for redressal.
5. In light of the above, the instant application is hereby disposed of with a direction to the applicant to prefer an appropriate application before the competent authority as provided under the relevant legal provisions. The competent authority is directed to consider and dispose of the said application on its own merits and in accordance with the law, keeping in view the principles laid down in the case of Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283, expeditiously, preferably within one week from the date of filing of the application. Order Date :- 21.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad