Gulam Rasool Vs State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 8088 of 2025

Gulam Rasool

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) Counsel for Petitioner(s) : Syed Ahmad Mehdi Counsel for Respondent(s) : G.A.

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.....Respondent(s)

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Court No. - 13

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Shri Syed Ahmad Mehdi, learned counsel for the petitioner and Shri Mohd. Asif Khan, learned A.G.A.-I for the State.

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By means of the instant petition, the petitioner has challenged the validity of an order dated 25.02.2025 passed by District Magistrate, Sultanpur in Case No.17 of 2025, under Section 5Ka(8) of U.P. Prevention of Cow Slaughter Act, 1955. The petitioner had filed an Appeal No.766 of 2025 against the aforesaid order which has also been dismissed by means of an order dated 28.07.2025 passed by Commissioner Ayodhya Division, Ayodhya and the petitioner has also challenged the aforesaid order.

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The aforesaid case was instituted on the basis of an F.I.R. lodged by SubInspector of Police on 19.12.2024 stating that a truck was found in a damaged condition on the road going from Lucknow to Ghazipur. 25 cow progenies, loaded on the truck in a cruel manner, were recovered. The F.I.R. states that the cow progenies were transported for slaughter.

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The vehicle was seized and the applicant filed an application for its release which has been rejected by the impugned order dated 25.02.2025 passed by the District Magistrate, Sultanpur stating that the Prevention of Cow Slaughter Act contains provision for confiscation of the vehicle used in cow slaughter and the intention of the Legislature is that preventive proceedings should be taken against the vehicles involved in a slaughter of cow or in trade of cow flesh.

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The learned counsel for the petitioner has relied upon a decision rendered

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CRLP No. 8088 of 2025

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2

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by a Co-ordinate Bench of this Court in Kalia versus State of U.P. in Criminal Misc. Writ Petition No.6826 of 2023 decided on 06.10.2023 wherein the Co-ordinate Bench has referred to a decision of Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai Vs. State of Gujrat 2002 10 SCC 283 , wherein the Hon'ble Supreme Court has held that it is of no use to keep the seized vehicle at the police 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 release of the said vehicle, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

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Keeping in view of the aforesaid mandate of Honb'le Supreme Court, seizure of the vehicle, and that too, without conclusion of the trial in furtherance of Case Crime No.349 of 2021, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11(D )of Prevention of Cruelty to Animals Act, does not appear to be justified.

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The revisional court has also dismissed the revision and upheld the order passed by the District Magistrate, without adverting to the aforesaid aspects of the matter.

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In view of the foregoing discussion, this Court is of the considered view that the impugned order dated 25.02.2025 passed by the District Magistrate, Sultanpur seizing the petitioner's vehicle is not sustainable in the eyes of law.

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The writ petition is allowed. The order dated 25.02.2025 passed by District Magistrate, Sultanpur in Case No.17 of 2025, under Section 5Ka(8) of U.P. Prevention of Cow Slaughter Act, 1955 and order dated 28.07.2025 passed by Commissioner Ayodhya Division, Ayodhya are quashed.

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The District Magistrate, Sultanpur is directed to pass order for release of the vehicle in favour of the petitioner after taking security from him as per the law laid down by the Hon'ble Supreme Court in the case of Sunderbhai Ambalal Desai (supra) , within a period of two weeks from the date of production of a certified copy of this order.

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September 3, 2025 S. Shivhare

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(Subhash Vidyarthi,J.)

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Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench

Gulam Rasool v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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Gulam Rasool v. State of U.P. Thru. Prin. Secy. Home Lko. and 4 Others

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