Allahabad High Court
Vimal Chauhan vs State Of U.P. And Another on 18 June, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:104035 Court No. - 39 Case :- CRIMINAL REVISION No. - 1980 of 2024 Revisionist :- Vimal Chauhan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Rituraj Singh,Vishal Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
1. Heard Shri Vishal Jaiswal, learned counsel for the revisionist and learned A.GA appearing for State and perused the record.
2. The present criminal revision has been preferred to set aside the judgement and order dated 13.03.2024 passed by District Magistrate, Mau, in Vad Sankhaya 205/2024 (Computerikrit Vad Sankhaya D202415510000205) (State Vs. Anil Kumar and Vimal Chauhan) under Section 5 Ka (7) U.P. Prevention of Cow Slaughter Act, 1955 District-Mau, whereby the vehicle of the revisionist the vehicle (PICK UP) bearing No. UP 61 BT 4577 has been confiscated by the District Magistrate, Mau.
3. Briefs facts of the case are that on 01.01.2024 a First Information Report was lodged by the Station House Officer, Harendra Kumar Yadav against 5 accused persons including the revisionist which has been registered as Case Crime No. 01/2024 under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of the Prevention to Animal Cruelty Act and with the information of informer police arrested two PICKUP Magic vehicles bearing No. UP 60 BT 5514 and UP 61 BT 4577 (PICKUP) and from each vehicles 2-2 bullocks is said to be recovered which were being carried out for slaughtering as alleged by the police. Police had arrested 4 accused persons namely Anil Rajbhar, Yogesh Yadav, Isteyaq Khan, and Aftab Hasmi and it was further alleged that revisionist ran away from the spot. Revisionist is the registered owner of the vehicle bearing No. U.P. 61 BT 4577 (PICKUP) which was seized by police on 01.01.2024.
4. The learned counsel for revisionist submits that there is only allegation of transportation of two bullocks each in the two vehicles seized and there is no allegation of slaughtering of any animal or recovery of any animal flesh from the confiscated vehicles. The revisionist is the owner of vehicle no. UP 61 BT 4577 (PICKUP). The revisionist has no criminal history to his credit. This Court in the case of Ashfaq Ahmad and Another Vs. State of U.P. and Another, 2008 (10) ADJ 85 and in Phool Chand Sahu Vs. State of U.P. and 2 Others, 2023:AHC46464 has held that mere transportation of cattle within the state is not an offence under the Cow Slaughter Act. This Court in criminal revision no. 131 of 2005 (Kailsah Yadav and others Vs. State of U.P. and Others), 2008 (10) ADJ 623 has held that no permit is required for transportation of cow or its progeny within the state of U.P. and only transportation of beef of cow or its progeny is prohibited.
5. Considering the above facts and circumstances, the present criminal revision is allowed and the order dated 13.03.2024 passed by District Magistrate, Mau, is hereby set aside.
6. The District Magistrate, Mau will release the vehicle of the revisionist in his favour without insisting for any surety from the revisionist within 3 days of filing of certified copy of this order.
Order Date :- 18.6.2024 Saurabh