An application under Section 482 Cr.P.C. was filed to challenge an order allowing the release of a vehicle after a deposit. The High Court held the application not maintainable and dismissed it.
Application dismissed as not maintainable with liberty to move before appropriate forum.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 40377 of 2022
Applicant :- Kumar Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abdul Majeed,Sufia Saba Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
The present application has been filed by the applicant challenging the impugned order dated 22.08.2022 passed by District Magistrate, Jalaun in Case No. 162 of 2022 (State Vs. Kamr Alam) arising out of Case Crime No. 0004 of 2022, under Section 5a(7) of Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty Act, Police Station- Kuthond, District- Jalaun.
Learned A.G.A. has pointed out that the impugned order dated 22.08.2022 has been passed by the District Magistrate by which application for release of the vehicle in question was allowed with the condition that the vehicle will be released after depositing of Rs.3,00,000/-. He also pointed out that the impugned order is revisable.
Accordingly, the application U/S 482 Cr.P.C. is dismissed as not maintainable with liberty to move before appropriate forum.
Certified copy may be returned to applicant's counsel as per the Rules of this Court.
Order Date :- 13.2.2023 Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. challenging the order of the District Magistrate is maintainable.
3 provisions across 3 enactments
Kumar Alam
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
