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NAND PRABHA SHUKLA
Sachin Kumar Tiwari – Appellant
Versus
State of Uttar Pradesh – Respondent
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 petiti
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 l....
The U.P. Prevention of Cow Slaughter Act does not provide an appeal mechanism for confiscation orders, directing that recourse must be sought through the Divisional Commissioner per the notification ....
Section 11(5) provides that “on receipt of the report, the Judicial Magistrate 1st Class may, on his being satisfied that there is enough material to presume that a prima-facie offence under this Act....
Ownership and livelihood are paramount in determining interim custody of seized property under Cr.P.C. provisions.
The U.P. Prevention of Cow Slaughter Act, 1955 lacks an appeal mechanism against confiscation orders; however, a September 2024 notification enables challenges through the Divisional Commissioner, th....
The court emphasized the applicability of the specific provisions of the Acts in justifying the confiscation of the vehicle and highlighted the limited scope of revisional jurisdiction in challenging....
The main legal point established in the judgment is that the order for confiscation of the vehicle under the U.P. Prevention of Cow Slaughter Act, 1955 was revisable under Section 397 of the Code of ....
Point of Law : In term of mandate of Article 300-A of the Constitution of India any person can be deprived of his property only by and under the procedure established by law.
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