Criminal revision filed to challenge rejection of vehicle release application was dismissed by the High Court because the revisionist withdrew the plea, with liberty to approach the competent authority.
Revision dismissed as withdrawn; liberty granted to file fresh release application before District Magistrate or Commissioner.
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Neutral Citation No. - 2024:AHC:134207
Court No. - 84
Case :- CRIMINAL REVISION No. - 1395 of 2024
Revisionist :- Naseem Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chaman Aara,Shabista Parveen Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Ms. Shabista Parveen, learned counsel for the revisionist and the learned AGA for the State.
This Criminal Revision under Section 397/401 of the Code of Criminal Procedure has been filed against the order dated 03.02.2024 passed by the Chief Judicial Magistrate, Baghpat whereby application of the revisionist for release of Vehicle bearing Registration No.UP 19 T-8051 which was the case property of Case Crime No. 364 of 2023, under Section 11(1)(d) of Prevention of Animal Cruelty Act and Section 5(B) of the U.P. Cow Slaughter Act, police station Doghat, district Baghpat, has been rejected on the ground of want of jurisdiction in view of Section 5(7) and (8) of the U.P. Prevention of Cow Slaughter (Amendment Act) 2020.
At the outset, learned counsel for the revisionist submits that on account of having alternative remedy, the revisionist does not want to press this criminal revision, therefore, same may be dismissed as withdrawn with liberty to the revisionist to file fresh release application before the competent authority i.e., District Magistrate/Commissioner, as the case may be.
Learned AGA has no objection to such prayer.
In view of the above, the instant criminal revision is dismissed as withdrawn with aforesaid liberty.
Office is directed to return the certified copy of the documents, if any, within two days to the counsel for the revisionist after retaining xerox copy of the same on record.
Order Date :- 21.8.2024 NSC
Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad
1 provisions across 1 enactments
Naseem
State of U.P.
Sanjay Kumar Singh
As recorded by the court registry
2 orders share this CNR
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