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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20936 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J.
HON'BLE ACHAL SACHDEV, J.
1. Heard learned counsel for the petitioner and learned AGA for the State. 2. This writ petition has been filed seeking the quashing of the impugned order dated 03.07.2025 passed by the respondent no.2/District Magistrate, Basti in Case No.737 of 2025 (State Vs. Usman), under Section 5-A of Uttar Pradesh Cows Slaughter Act, 1955 and with further prayer for direction to the to the respondent authorities to release the Bolero Pickup Car bearing Registration No.UP 21 ET / 0766 in favour of the petitioner. 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 Versus Counsel for Petitioner(s) : Akhilesh Singh, Satya Pal Singh Counsel for Respondent(s) : G.A. Usman .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 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, without going into the question of limitation shall decide the same within a period of one month. 7. With the above observations the writ petition is, accordingly, disposed of. October 8, 2025 VKG CRLP No. 20936 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad