HARIKESH @ HARIKESH YADAV v. STATE OF U.P. AND 2 OTHERS
NA528/37946/2025 · 2025-09-25
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98613 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37946 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for the parties.
2. Present application has been preferred with prayer to quash/set aside order dated 19.8.2025 passed by District Magistrate, Deoria in Case no. 1407 of 2025 (Computerized Case no. D202505200001407) (State of U.P. vs. Harikesh Yadav) under section 5(Ka) of U.P.Cow Slaughters Act, 1955 and a specific direction be issued to the opposite party no. 2 to handover the custody of vehicle of applicant i.e. PICK UP no. UP52T8388 forthwith to the applicant.
3. By means of impugned order dated 19.8.2025, District Magistrate, Deoria, directed to release vehicle of applicant bearing no. UP52T8388 subject to the condition that applicant has to deposit Rs. 2,32,500/- in shape of penalty in the treasury.
4. Learned counsel for applicant contended that applicant is a very poor person and his livelihood entirely depends upon the vehicle which has already been seized. He prays that either the impugned order dated 19.8.2025 be quashed or the condition imposed for deposition of penalty be reduced to some extent.
5. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
6. Considering the facts and circumstances of the case, as well as the Versus Counsel for Applicant(s) : Rajkapoor Upadhyay Counsel for Opposite Party(s) : G.A. Harikesh @ Harikesh Yadav .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
financial condition of applicant as stated by learned counsel for applicant, this Court is of the opinion that penalty imposed over applicant be reduced and as such impugned order dated 19.8.2025 passed by District Magistrate, Deoria is hereby modified only to the extent that applicant has to deposit Rs. 1,00,000/- (rupees one lakh only) in shape of penalty for getting his vehicle bearing no. UP52T8388 released. Rest portion of the order dated 19.8.2025 shall remain intact.
7. The instant application u/s 528 BNSS stands disposed of accordingly. September 26, 2025 Shaswat NA528 No. 37946 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad