Sheela Devi Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:31778

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 7187 of 2024

Petitioner :- Sheela Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Babu Ram Singh Yadav,Rajesh Yadav Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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The instant petition has been preferred for challenging the impugned judgement and order dated 24.04.2024 passed by learned Session Judge, Chandauli in Criminal Revision No.38 of 2024 (Sheela Devi vs. State of U.P.) as well as order dated 12.02.2024 passed by District Magistrate, Chandauli in Case No.216 of 2023 (State Vs. Sheela Devi) under section 5(A) of U.P. Prevention of Cow Slaughter Act, 1955. Further prayer has been made for issuance of direction to the respondent authorities to release the vehicle having Registration No. UP 61 AT-9340 in favour of the petitioner, within stipulated time.

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Learned counsel for petitioner submitted that petitioner has neither the implicated in this case, nor she has any information about the vehicle in question, which was handed over to one Ruhul Khan in presence of driver Abhishek Yadav and in presence of Narain Yadav and agent Abul Khan, who was financer of the said vehicle. As per the instructions received by learned A.G.A., vehicle in question has not been put up for auction and the same is kept at P.S. Chakia, District Chandauli and by way of seizure of her vehicle, she is unable to maintain livelihood of her family.

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Referring to aforesaid facts as well as contents of F.I.R. as also the impugned orders passed on the release application moved by petitioner, it is submitted that detention of the vehicle for a long time at the police station is likely to diminish its value and ultimately the vehicle may become junk. Placing reliance on the decision of Hon'ble the Apex Court in Sunderbhai Ambalal Desai Vs. State of Gujarat, 2003 (1) JIC 615 (SC) , it is submitted that the Apex Court has held that "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police

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stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles." It is lastly submitted that petitioner is willing to fulfill all conditions imposed upon her for release of the vehicle in question.

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On the other hand, leaned A.G.A. submitted that since vehicle in question was related to the petitioner, who has full knowledge about the said incident, the competent authorities while rejecting the release application have not committed any illegality. Impugned orders do not suffer from any infirmity or illegality warranting interference by this Court.

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I have considered rival submissions made by the learned counsel for the parties and have gone through the entire record carefully, wherein it is crystal clear the petitioner has neither implicated in this case, nor she has any knowledge about the said incident and the vehicle in question is still kept at police station concerned.

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Accordingly, the present petition is allowed . Impugned orders dated 24.04.2024 passed by learned Session Judge, Chandauli in Criminal Revision No.38 of 2024 and dated 12.02.2024 passed by District Magistrate, Chandauli in Case No.216 of 2023, are hereby set-aside . The authority concerned is hereby directed to release the aforesaid vehicle having Registration No. UP 61 AT 9340 forthwith in favour of its registered owner i.e. petitioner on furnishing adequate security to its satisfaction.

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However, it is made clear that petitioner shall produce the vehicle having Registration No. UP 61 AT 9340 as and when the learned concerned court will require during trial of Case Crime No.10 of 2023 and the said vehicle will not be put for sale by transferring the same to any third party. She shall also not change the nature and color of the vehicle in question in any manner during pendency of said case crime number.

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Order Date :- 5.3.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Sheela Devi v. State of U.P. and Another

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