Rahul Kesharwani Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Rahul Kesharwani Vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file criminal revision before the concerned Divisional Commissioner; delay in filing such revision to be dealt with liberally in view of pendency before this Court; certified copy and relevant documents to be returned to counsel for the revisionist.

Issue for consideration

Whether the criminal revision against the District Magistrate's order rejecting release of a vehicle under the Cow Slaughter Act is maintainable before the High Court, in view of the notification dated 15.10.2024 requiring such revisions to be filed before the Divisional Commissioner concerned.

Court's answer

In view of Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024, a revision against the order of the District Magistrate/Police Commissioner rejecting release of a vehicle under the Cow Slaughter Act is to be filed before the Divisional Commissioner concerned.

Ratio / Principle

The criminal revision was dismissed as withdrawn with liberty to file a criminal revision before the concerned Divisional Commissioner, and the delay in filing such a revision is to be dealt with liberally in view of its pendency before this Court.

Key takeaways

Office was directed to return the certified copy and relevant documents to learned counsel for the revisionist after obtaining a photocopy to be kept on record.obiter¶11

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court) against order dated 19.06.2025 of the District Magistrate, Sonbhadra rejecting release of a vehicle in Case No. 267 of 2022 under Section 5A, Uttar Pradesh Prevention of Cow Slaughter Act, 1955 (P.S. Duddhi). Held: per Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024, a revision against an order of the District Magistrate/Police Commissioner rejecting vehicle release under the Cow Slaughter Act lies before the Divisional Commissioner concerned. Revision dismissed as withdrawn with liberty to file before the Divisional Commissioner; delay in filing to be dealt with liberally in view of pendency before the High Court; Office directed to return certified copy and documents to counsel for the revisionist.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4692 of 2025

Rahul Kesharwani

.....Revisionist(s)

	Versus
Counsel for Revisionist(s) State Of U.P. And 2 Others	: Surendra Kumar Patel, Vishesh Kumar .....Opposit Party(
Counsel for Opposite Party(s)	: G.A.

.....Opposite Party(s)

Court No. - 86

HON'BLE SUBHASH CHANDRA SHARMA, J.

This criminal revision has been filed against order passed by learned District Magistrate, Sonbhadra dated 19.06.2025 rejecting the release of vehicle in Case No. 267 of 2022 under Section 5A of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Duddhi, District Sonbhadra.

As per Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024 the revision against the order passed by District Magistrate/Police Commissioner for rejecting the release of vehicle under Cow Slaughter Act shall be filed before the Divisional Commissioner concerned.

Accordingly, this criminal revision is dismissed as withdrawn with liberty to file criminal revision before the concerned Divisional Commissioner and the delay in filing of such a revision shall be dealt with liberally in view of pendency of this criminal revision before this Court.

Office is directed to return the certified copy and relevant documents to learned counsel for the revisionist after obtaining the photocopy which shall be kept on record.

May 14, 2026

Suraj Srivastav

(Subhash Chandra Sharma,J.)

Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad