Allowed

Rakesh Kumar v. State of U P and 3 Others

Allahabad HC5 Jan 2023A227/4625/2022

Case brief

AI extract

What is this about?

The High Court quashed the Additional Sessions Judge's order dismissing a revision on maintainability. Remanding the matter to the Sessions Judge to decide on merit based on the upholdability of revisions against Section 5A orders of the District Magistrate.

What did the court decide?

The impugned order dated 19.04.2022 passed by Additional Sessions Judge, Ballia in Criminal Revision No. 17 of 2022 is quashed and the matter is remanded to decide on merits.

Rakesh Kumar Vs State of U P and 3 Others — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 66

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Case :- MATTERS UNDER ARTICLE 227 No. - 4625 of 2022

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Petitioner :- Rakesh Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Matiur Rehman Khan,Saqib Ahmad Counsel for Respondent :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. M.R. Khan, the learned counsel for petitioner and the learned A.G.A. for respondents 1 to 4.

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This petition under Article 227 of the Constitution of India has been filed challenging order dated 05.01.2022 passed by the District Magistrate, Ballia in Case No. 1433 of 2021 (State Vs. Rakesh Kumar), under Section 5A, U.P. Prevention of Cow Slaughter Act, Police Station Nagra, District Ballia as well as order dated 19.04.2022 passed by Additional Sessions Judge, Court No.-1, Ballia in Criminal Revision No. 17 of 2022 (Rakesh Kumar Vs. State of U.P.) whereby aforementioned criminal revision arising out of order dated 05.01.2022 has also been dismissed.

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Learned counsel for petitioner submits that Revisional Court has dismissed the revision filed by petitioner on the ground of maintainability which is illegal. In support of his submission he has placed reliance upon the judgement of this Court in Application U/s 482 No. 33501 of 2022 (Imran Vs. State of U.P. and 3 Others) wherein it has been held that revision preferred against an order passed by District Magistrate under Section 5A of the U.P. Prevention of Cow Slaughter Act confiscating the vehicle and also rejecting the release application shall be maintainable.

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Learned A.G.A. does not dispute the legal submission urged by the learned counsel for the petitioner however submits that the controversy involved in present writ petition is clearly covered by the aforesaid judgement.

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In view of above the present petition succeeds and is liable to be allowed.

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Accordingly, the impugned order dated 19.04.2022 passed by Additional Sessions Judge, Court No.-1, Ballia in Criminal Revision No. 17 of 2022 (Rakesh Kumar Vs. State of U.P.) is hereby quashed. The matter shall stand remanded to the concerned Sessions Judge, Ballia who shall decide the same by a reasoned and speaking order on merit in the light of the

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observations made in the judgement of this court referred to above.

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Cost made easy.

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Order Date :- 5.1.2023 Vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Rakesh Kumar v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. State of U P and 3 Others

Case brief

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