Allahabad High Court
Nabab vs State Of U.P. Thru. Prin. Secty. ... on 13 July, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4797 of 2022
Petitioner :- Nabab
Respondent :- State Of U.P. Thru. Prin. Secty. Home And Others
Counsel for Petitioner :- Anil Kumar Tiwari
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Shri Aditya Mishra, Advocate holding brief of Shri Anil Kumar Tiwari, learned counsel for the petitioner and Shri S.N. Tilhari, learned AGA for the State.
This writ petition has been filed by the petitioner with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 11.11.2021 passed by learned District Magistrate, Barabanki in Case No. 734 of 2021 State Vsz. Nabab Computerized No. D202104120000734 under Section 5-A Uttar Pradesh Prevention of Cow Slaughter Act, 1955 related to Crime No. 64 of 2021, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act pertaining to Police Station Kotwali Nagar, District Barabanki.
(ii) Issue a writ order or direction in the nature of mandamus to stay the operation and implementation of the impugned judgment and order dated 11.11.2021 passed by learned District Magistrate, Barabanki in Case No. 734 of 2021 State Vsz. Nabab Computerized No. D202104120000734 under Section 5-A Uttar Pradesh Prevention of Cow Slaughter Act, 1955 related to Crime No. 64 of 2021, under Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act pertaining to Police Station Kotwali Nagar, District Barabanki and further the Hon'ble Court may kindly be pleased to release the confiscated vehicle bearing registration no. UP 21 CN 8944 (Container/Goods Carrier) in favour of the petitioner. "
Learned counsel for the petitioner submitted that impugned order, which has been passed by the District Magistrate, Barabanki is contrary to the procedure provided under the statute. He further submitted that impugned order has been passed without application of judicial mind in a most illegal and arbitrary manner. He further submitted that the petitioner is the registered owner of the vehicle which has been seized by the authority concerned without any valid reason, hence the impugned order dated 11.11.2021 passed by District Magistrate, Barabanki is liable to be quashed.
Learned A.G.A opposed the prayer to quash the impugned order dated 11.11.2021 and submitted that the impugned order has been passed in accordance with law and the learned Magistrate has given cogent, convincing and satisfactory reasons while passing the impugned order. He further submitted that 18 cattle out of which 2 cattle were found dead, were recovered from the vehicle of the petitioner, as such, the said vehicle has been seized by the authority concerned. He further submitted that impugned order is factually correct. More over, alternative remedy is available to the petitioner, as such, the present writ petition should be dismissed.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we do not see any justification to interfere in the present writ petition.
The present writ petition is, accordingly, dismissed.
However, it is open for the petitioner to avail alternative remedy as available to him under law.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 13.7.2022
Arun
