Arbaz Khan vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 23394 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57007
 
Court No. - 13
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6403 of 2023
 
Petitioner :- Arbaz Khan
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others
 
Counsel for Petitioner :- Firoz Ahmad Khan
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

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

Learned counsel for the petitioner submits that perusal of the F.I.R. shows that the vehicle of the petitioner has been seized under Section 207 the Motor Vehicle Act, 1988 and not under Cow Slaughter Act and therefore, the impugned order is bad in the eyes of law as the Court has the jurisdiction and the vehicle has to be released under CRPC.

Learned A.G.A. on the other hand has submitted that vehicle in question has been seized as a consequence of the F.I.R. under Cow Slaughter Act against the petitioner as well as other co-accused persons. The F.I.R. has been registered under Cow Slaughter Act and therefore, the vehicle will be deemed to have been frozen under Cow Slaughter Act. Reason for separate proceedings under Section 207 of the Motor Vehicle Act, 1988 is that upon papers of the vehicle being asked from the accused persons, they failed to show any paper and therefore, the separate proceedings was ordered, however, the confiscation proceedings are pending before the District Magistrate Faizabad/Ayodhya who has the jurisdiction and power to release the vehicle under Section 5(A)(6)(11) of the Cow Slaughter Act.

In view of the above, I am of the opinion that there is no illegality in the impugned order dated 21.05.2023 passed by the Judicial Magistrate-1st, Faizabad.

At this stage, learned counsel for the petitioner has submitted that he is concerned with the release of vehicle only which is lying at Police Station Inayatnagar.

In view of the above as well as considering the fact that since the confiscation proceedings under Cow Slaughter Act are pending before the District Magistrate Ayodhya, so also in view of the provisions of Section 5(A) of Cow Slaughter Act, the petition is disposed of granting liberty to the petitioner to move an application for release of the vehicle before the District Magistrate Ayodhya within a period of 15 days from today.

In case such an application is moved, the same shall be disposed of strictly within a period of one month having due regard to the judgment of the Supreme Court in "Sunderbhai Ambalal Desai Vs. State of Gujarat, 2002 SCC online SC 934".

Order Date :- 25.8.2023

R.C.