HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36149 of 2026 Court No. - 75 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant filed a supplementary affidavit, which was taken on record. 3. The present application under Section 482 Cr.P.C. has been filed for setting aside the order dated 18.06.2025 passed by respondent no.3/District Magistrate, Mirzapur in Case No. 67 of 2025, Computerised Case No. D202516530000067 (Government of U.P. Vs. Rehana and others) under Section 5 (A) of Prevention of Cow Slaughter Act, 1955, Police Station Lalganj, District Mirzapur as well as order dated 09.07.2026 passed by Commissioner Vindhyachal Mandal District Mirzapur/respondent no. 2 in Revision no. 1079 of 2026 as compurterized case no. C202616000001079 under section 5A(8) of of Prevention of Cow Slaughter Act, 1955 (Rehana Vs. State of U.P.). 4. Learned counsel for the applicant contends that applicant is the owner of the TATA XENON YODHA ECO, vehicle no. UP 64 AT 7125 and that the vehicle in question in has been falsely implicated in the aforesaid case. He further submits that no useful purpose would be served in keeping the vehicle at police station which would result in the vehicle becoming junk. Learned counsel for the revisionist has relied upon a decision of Hon'ble Apex Court in the matter of Sunder Bhai Ambalal Versus Counsel for Applicant(s) : Arvind Kumar Kushwaha, Pooja Counsel for Opposite Party(s) : G.A. Rehana .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Desai Vs. State of Gujarat 2003 (46) A.C.C. 223 in support of his contention, in which it has been held that it is not desirable in the matter of motor vehicle, the vehicle be kept at the police station for a long time which result in the vehicle becoming junk, therefore, the vehicle-in- question should be released in favour of the registered owner on such terms and conditions as the court below may deem fit and proper. Learned counsel for the petitioner has also placed reliance upon the decision of this Court reported in 2012 (77) ACC 381 Shyam Singh Kushwaha Vs. State of U.P. and another, in support of his contention. 5. After hearing the learned counsel for the applicant, learned A.G.A., and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion, that the arguments as raised by learned counsel for the applicant has substance. 6. Accordingly, the order dated 18.06.2025 passed by respondent no.3/District Magistrate, Mirzapur and order dated 09.07.2026 passed by Commissioner Vindhyachal Mandal District Mirzapur/respondent no. 2 in Revision no. 1079 of 2026 as compurterized case no. C202616000001079 under section 5A(8) of of Prevention of Cow Slaughter Act, 1955 (Rehana Vs. State of U.P.) are hereby set aside with the liberty to the applicant to file an appropriate application along with all relevant documents showing the ownership of the vehicle, before the concerned Court/District Magistrate, Mirzapur below and if such an application is filed within one month from today, the same shall be considered and disposed of as expeditiously as possible, in accordance with law, preferably within a period of one month, thereafter. 7. With the aforesaid directions, this application under Section 482 Cr.P.C. is finally disposed off. September 8, 2026 CP.sahani NA528 No. 36149 of 2026 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- CHANDRA PRAKASH SAHANI High Court of Judicature at Allahabad