This single-line order dismisses a criminal writ petition challenging the seizure of a vehicle transporting cows under the UP Prevention of Cow Slaughter Act, 1955. The court held that the remedy is revisable and a statutory alternative remedy is available.
Writ petition dismissed on grounds of availability of statutory alternative remedy.
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Neutral Citation No. - 2023:AHC:102112-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 2902 of 2023 Petitioner :- Nasim Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Indra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner and learned AGA for the State.
Challenge in the writ petition is to the order dated 12.09.2022 passed by the District Magistrate, Bareilly in a case under Section 5(A) of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, which is an order of seizer of a vehicle transporting cows.
The objection of learned AGA is that the order impugned is revisable in view of Sub-section 11 of Section 5A of the Act.
Counsel for the petitioner is unable to dispute the submission of learned AGA.
Under the circumstances, this writ petition is dismissed on the ground of availability of a statutory alternative remedy, which the petitioner may avail, in case so advised.
Order Date :- 11.5.2023 RKM
Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition challenging an order under the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 should be dismissed due to the availability of a statutory alternative remedy.
1 provisions across 1 enactments
Nasim Khan
State Of U.P.
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
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