Allowed

Mukesh Kumar v. State of U.P. and 3 Others

Allahabad HC11 Sept 2024A482/18870/2024

Case brief

AI extract

What is this about?

A single judge allowed an application under Section 482 Cr.P.C. for the release of a vehicle seized during an investigation under the Cow Slaughter and Animal Cruelty Acts, directing the trial court to release it subject to conditions appropriate for the case, noting the presumption of completed investigation and the applicant's financial hardship.

What did the court decide?

The seized vehicle be released in favour of the applicant subject to conditions deemed fit and proper by the trial court.

Mukesh Kumar vs State of U.P. and 3 Others — Allahabad HC (2024) — LawSathi Research

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 18870 of 2024

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Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the record.

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The instant application has been preferred with the prayer to quash the impugned order dated 23.4.2024 passed by Special Judge, Chandauli in Criminal Revision No.35 of 2024 titled as Mukesh Kumar v. State of U.P. and the order dated 12.2.2024 passed by District Magistrate, Chandauli in Case No.676 of 2023 titled as State v. Mohammad Azad and others, under section 5(A) of the Uttar Pradesh Prevention of Cow Slaughter Act, both arising out of Case Crime No.13 of 2023, under sections 3/5A/5, 5B of Cow Slaughter (Prevention) Act and section 11 of Animal Cruelty Act, P.S. Saiyad Raza, District Chandauli.

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Learned counsel for the applicant submits that the applicant is owner of the vehicle bearing No.UP-75-M-2458, which was found to be involved in commission of offence registered by the Police in the aforesaid case. The said vehicle was seized by the police. Thereafter, the applicant moved an application before the District Magistrate, Varanasi for release of the vehicle, but vide order dated 12.2.2024 the application was rejected. Aggrieved by the same, the applicant approached the court of learned Sessions Judge, Chandauli by filing Criminal Revision No.35 of 2024, whereby the learned Sessions Judge, Chandauli vide order dated 23.4.2024 also dismissed the revision and upheld the order of the District

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Magistrate. The vehicle is lying in the police custody since 23.1.2023 unattended and may remain rested chassis. He further contends that the vehicle was the only source of income of his family because of seizure of the said vehicle, entire family is facing hardship.

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Aggrieved by the order dated 23.4.2024, the applicant has preferred the instant application before this Court for release of the vehicle in his favour.

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On perusal of the report, it transpires that the vehicle was seized on 23.1.2023. It can safely be presumed that the investigation by the police must have been completed by now, and therefore, there is no reason for the Investigating Officer to the keep the vehicle in police custody.

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In the given facts, let the above mentioned vehicle be released in favour of the applicant subject to the conditions as may deem fit and proper by the trial court.

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Connect and list this case along with Application u/s 482 Cr.P.C. No.22859 of 2024 (Birender Singh Vs. State of U.P. and Another).

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Order Date :- 11.9.2024 Anil K. Sharma

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Justice Vinod Diwakar

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

Mukesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

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Mukesh Kumar v. State of U.P. and 3 Others

Case brief

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What did the court decide?

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