IMPORTANT POINT
The court upheld the legality of releasing seized cattle to their owner under the Uttar Pradesh Prevention of Cow Slaughter Act, affirming the lower court's decision and addressing the petitioner's lack of standing.

JUDGMENT :

Nand Prabha Shukla, J.

1. Heard learned counsel for the petitioner, Sri S.C. Mishra, learned AGA for the State and perused the record.

2. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction to set aside the impugned order dated 12.12.2023 passed by learned Revisional Court/learned Court of Session Judge, Ghazipur and impugned order dated 21.09.2023 passed by learned Court of Civil Judge (Junior Division)/Judicial Magistrate, Court No. 1, Mohammadabad, Ghazipur.

3. It has been submitted by learned counsel for the petitioner that petitioner is the Trustee/Co-President of Sarvashva Narayan Gau Raksha Evam Samaj Seva Trust (in short the Trust) established in the year 2015.

4. The instant matter arises out of an FIR No. 0133 of 2023 dated 20.08.2023 registered under Section 3/5A/5B/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 wherein the respondent no. 4 Vikram Kumar Gupta was named as an accused and about 18 cows and four calves were seized from his truck. On 23.8.2023, the Station House Officer of Police Station Bahwarkol, District Ghazipur handed over the seized cattle to the petitioner's Trust to take care and to look after the cattle by arranging the fodder etc.

5. The respondent no. 4 being the owner of the seized cattle filed an application under Section 457 Cr.P.C. before the learned Judicial Magistrate, Court No. 1, Mohammadabad, Ghazipur seeking release of his cattle.

6. Accordingly, vide order dated 21.09.2023, the said cattle were released in favour of Respondent No. 4-Vikram Kumar Gupta/owner by the Civil Judge (Junior Division)/Judicial Magistrate, Court No. 1, Mohammadabad, Ghazipur after seeking an undertaking and a personal bond of Rs. 3,00,000/- and a surety of the like amount.

7. Aggrieved by the said order, the petitioner/Trust preferred a Criminal Revision bearing Criminal Application No. 668 of 2023 claiming the expenses incurred by him to the tune of Rs. 2,52,700/ spent in taking care of the said cattle from the period 23.08.2023 to 03.10.2023 and seeking further relief to get the said cattle released in favour of the Trust. But the said Criminal Revision was dismissed in limine as the petitioner had no locus to challenge the said order.

8. At this juncture, it is relevant to quote Section 7, sub-section (3) of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 which specifically provides as follows :

"Section 7 (3) Any Goshala or any institution may receive any cow, bull or bullock for custody from police or any other person which may be released to the owner on such terms and conditions and in such manner and on payment of such charges as may be prescribed."

9. Considering the aforesaid facts and circumstances as well as the provision as quoted above, the Court below has rightly released the cattle in favour of the respondent no. 4 being the owner of the seized cows and the calves after seeking an undertaking and executing a personal bond of Rs. 3,00,000/- and a surety of the like amount which is not illegal. The order dated 12.12.2023 has been passed after proper application of judicial mind.

10. However, the petitioner is at liberty to claim the necessary expenses incurred by him in taking care of the cattle. In case, the petitioner moves an application before the competent authority claiming necessary expenses incurred by him, the same shall be considered and disposed of as expeditiously as possible, preferably within a period of four weeks from the date of production of a certified copy of this order, if there is no other legal impediment.

11. The writ petition is accordingly disposed of.