Disposed

Mohammad Moid v. State of U.P. and 2 Others

Allahabad HC1 Oct 2021CRLP/7521/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Writ Petition No. 7521 of 2021, the High Court directed the District Magistrate to decide an application for the release of a vehicle confiscated under the U.P. Prevention of Cow Slaughter Act expeditiously, within four weeks, affording an opportunity of hearing to the petitioner.

What did the court decide?

Directed the District Magistrate to decide the application for release of the vehicle within four weeks after affording the petitioner an opportunity of hearing.

Mohammad Moid Vs State of U.P. and 2 Others — Corruption | Allahabad HC (2021)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7521 of 2021

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Petitioner :- Mohammad Moid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Kumar Tiwari Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents.

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This writ petition has been filed praying for the following relief:-

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"i. Issue a writ order, direction in the nature of mandamus directing the respondent no.2/District Magistrate to decide the Case No. 185/2021 Computer Case No. D202105440000185 under section 457 Cr.P.C. pending before District Magistrate, Kushi Nagar (Padrauna), arising out of Crime No. 0011 of 2021, under section 3, 5A, 5B, 8 of U.P. Prevention of Cow Slaughter Act, 1955 and section 11 of Prevention of Cruelty to Animals Act, 1960, P.S. Patherawa, District Kushi Nagar, within a stipulated period as this Hon'ble Court may deem fit and proper."

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Section 5-A (7) of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, as amended by the U.P. Act No. 20 of 2020 provides as under:-

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"(7) The vehicle by which the beef or cow and its progeny is transported in violation of the provisions of this Act and the relevant rules, shall be confiscated and seized by the law enforcement officers. The concerned District Magistrate/Commissioner of Police will do all proceedings of confiscation and release, as the case may be."

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Learned A.G.A. submits that the petitioner has filed an application before the District Magistrate, Kushi Nagar, Padrauna, which may be directed to be decided expeditiously.

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In view of the aforesaid, without expressing any opinion on the merit of the case of petitioner, this writ petition is disposed of , directing the respondent No.2, District Magistrate, Kushi Nagar (Padrauna), to decide the application of the petitioner for release of vehicle, in accordance with law, expeditiously preferably within a period of four weeks from the date of submission of the copy of this order along with copy of the application, after affording opportunity of hearing to the petitioner.

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Order Date :- 1.10.2021 Vandana

Mohammad Moid v. State of U.P. and 2 Others

Case brief

What is this about?

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Mohammad Moid v. State of U.P. and 2 Others

Case brief

What is this about?

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