Disposed

Monu Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others

Allahabad HC17 Dec 2024CRLP/6728/2024

Case brief

AI extract

What is this about?

Justice Shamim Ahmed granted a temporary stay restraining authorities from auctioning or altering the seized truck (UP 61T-1103) during the pendency of the writ petition challenging earlier orders under the UP Prevention of Cow Slaughter Act.

What did the court decide?

Restrained authorities from auctioning or changing the nature of the seized truck UP 61T-1103 until the next date of listing.

Monu Singh vs State of U.P. Thru… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Court No. - 16

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 6728 of 2024

¶3

Petitioner :- Monu Singh

¶4

Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Manoj Kumar Dixit Counsel for Respondent :- C.S.C.

¶5

Hon'ble Shamim Ahmed,J.

¶6

This writ petition has been filed, inter alia , with the following prayer:

¶7

“i. Issue a writ, order or direction in the nature of certiorari quash the impugned order dated 03.07.2024 passed by Commissioner Ayodhya Division Ayodhya in Appeal No. 643/2024; Monu Singh versus State, under section 5A /8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, contained in Annexure No.1 to this writ petition.

¶8

ii. Issue a writ, order or direction in the nature of certiorari quash the impugned order dated 16.01.2023 passed by learned District Magistrate Barabanki in case No. 2713/2022 under section 5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, contained in Annexure No.2 to this writ petition.

¶9

iii. Issue writ, order or direction in the nature of Mandamus to opposite party no. 2 to release the Truck of petitioner bearing No. UP 61T-1103 forthwith.”

¶10

Sri Shivam Pal, Advocate, holding brief of Sri Manoj Kumar Dixit, learned counsel for the petitioner submits that the Truck No. UP-61/T-1103 was illegally seized by the District Authorities on false allegations. He further submits that an application for release of the truck was filed before the District Magistrate, Barabanki, but the same was dismissed vide order dated 16.01.2023. Aggrieved by this order, the petitioner preferred an appeal before the Commissioner, Ayodhya Division, Ayodhya, but the same was also dismissed vide order dated 03.07.2024, totally without considering the document produced before the Authority concerned. The learned counsel further submits that the impugned orders have been passed without considering the legal aspect of the matter and even without considering the judgment rendered by Hon'ble the Apex Court in the case of Subdarbhai Ambalal Desai and C.M. Mudalian v. State of Gujrat , reported in A.I.R. 2003 SC 638 , thus, he submits that there is apprehension in the mind of the petitioner that the Authorities shall auction the said Truck No.

¶11

UP-61/T-1103, thus, some protection may be granted by this court during during pendency of the writ petition, as the impugned order have been passed, totally in violation of the above judgment and also against the law.

¶12

The matter requires consideration on the facts and law both.

¶13

Learned A.G.A.-1 Sri Rajeev Kumar Verma has accepted notice on behalf of the opp. parties/State. He prays for and is allowed 4 weeks’ time to file counter affidavit. 1 week's time thereafter is allowed to the petitioner for filing rejoinder affidavit, if any. Put up this case on 28.10.2024 .

¶14

Till the next date of listing, Authorities are restraining from auctioning or changing the nature of the Truck in issue, bearing Truck No. UP-61/T-1103.

¶15

( Shamim Ahmed, J. )

¶16

Order Date :- 10.9.2024 A.Nigam

¶17

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Monu Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Monu Singh v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Poonam Tewari Vs the Court of Upper Session Judge/Special Session Judge and Ors.

Syed Ali Vs State of U.P. through Principal Secy. Dept.of Home

Mohd. Asgar Vs Commissioner Faizabad Division Faizabad and Another

Sheelu Kumar vs State of U.P. through Secretary, Home Department Civil Secretariat, Lucknow

Aradhya Upadhyay Thru. Father Sudhir Kumar Upadhyay and 3 Others vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Shree Shukla (Detenue ) Thru. Her Mother Nidhi Shukla vs Smt. Maya Devi and 2 Others