Subedar Yadav … v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 others

22.08.2022, above referred, was challenged. The Revisional Authority dismissed the revision after observing that the revision is not maintainable. By this order the revisional authority has also granted liberty to the present petitioner to move before appropriate authority (State or any other O=icer appointed in this regard by the State).

5. Without going into the factual aspect of the case, this Court (cid:28)nds that the order dated 30.04.2024, passed by the Revisional Authority requires interference in view of the law propounded by the Division Bench of this Court in the case of Nitesh Kumar Vs. State of Uttar Pradesh and 2 others [(Criminal Misc. Writ Petition No.14242 of 2025) decided on 18.07.2025]. The relevant portion of the order reads as under :- "5. Learned AGA has submitted that U.P. Prevention of Cow Slaughter Act, 1955 does not mention any remedy against confiscation order passed in the Act. In given circumstances, it was held by the co-ordinate Bench of this Court in Criminal Misc. Writ Petition No. 9028 of 2021 (Mustakeem Begum vs. State of U.P. and 3 Ors) that the Act does not provide any forum of appeal or revision against the order of 3 CRLP No. - 43 of 2025 confiscation regarding the seized vehicle passed by the District Magistrate. Thereafter, it was held that in such circumstances, provisions of criminal revision under Section 397 of Cr.P.C., shall be applicable and a criminal revision in the court of Sessions against such order will lie. Though it was mentioned that such orders are revisable before the Sessions court, yet many criminal revisions by this High Court were also entertained. Later on, a notification was issued by Government of Uttar Pradesh on 15.10.2024 wherein it was laid down that if the legality or propriety of the action taken under the Section 5a of the U.P. Prevention of Cow Slaughter Act, 1955 is to be challenged, the same could be challenged before the Divisional Commissioner. Therefore, present criminal writ against the impugned order is not maintainable.

6. Confronted with the above notification dated 15.10.2024, learned counsel for the petitioner prayed that he may be permitted to file a criminal revision against the impugned order before Divisional Commissioner and it was also prayed that delay occurred under the above circumstances be also condoned.

7. After hearing the counsel for the parties, it becomes apparent that U.P. Prevention of Cow Slaughter Act, 1955 does not provide any forum of appeal or revision against the order of confiscation regarding the seized vehicle passed by the District Magistrate. It is trite law that if any judicial or quasi judicial order is passed against a party, then he must have a forum to vindicate his grievances. A party cannot be left in lurch in case any such order is passed against him. From the perusal of the order passed in Criminal Misc. Writ Petition No. 9028 of 2021, it is evident that the said order was passed on 26.4.2024 when no such forum was available for a party to challenge the confiscation order passed by the District Magistrate in U.P. Prevention of Cow Slaughter Act, 1955. It appears that the said lacuna which occurred due to oversight of the legislature was rectified later on by issuing a notification dated

15.10.2024.

8. We have also perused the above notification which is reproduced herein below:- UTTAR PRADESH SHASAN Grih (Police) Anubhag-9 In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of Notification no. U.0./77/VI-P-9-2024 dated 15 October, 2024. NOTIFICATION No. U.O./77 U.O-/VI-P-9-2024 Lucknow: Dated: 15 October, 2024 In exercise of the powers under sub-section (5) of section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act. 1955 (U.P. Act no. 1 of 1956) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to authorise the Divisional Commissioner to satisfy himself at any time as to the legality or propriety of the action taken under the section 5-A of the Uttar Pradesh 4 CRLP No. - 43 of 2025 Prevention of Cow Slaughter Act, 1955 (U.P. Act no. I of 1956), call for and examine the record of any case and pass such order thereon as he may deem fit. The aforesaid power shall be exercised within the limit of the respective districts of the Divisional Commissioners. It is further Clarified that aforesaid authority Conferred to Division Commissioner may be know as Revisional Jurisdiction. By Order, (Rajesh kumar) Secretary. Signed by Rajesh Kumar Date: 15-10-2024 14:44:39

9. In light of the aforesaid notification, it is very much clear that a criminal revision before Divisional Commissioner alone will lie against the confiscation order passed by the District Magistrate in U.P. Prevention of Cow Slaughter Act, 1955. Hence, the present criminal writ against the impugned order after the said notification is not maintainable as petitioner has equal and efficacious remedy to ventilate his grievances. However, we are of the view that the above notification which was issued on 15.10.2024 would not have come to the notice of the petitioner. Therefore we find it appropriate to dispose of this writ petition with a liberty to the petitioner to approach the proper forum for filing a criminal revision within a month from the date of order and if petitioner approaches the forum as directed by this Court, the concerned Division Commissioner will entertain his revision without going into the question of limitation.

10. Since we are aware that issue of this nature frequently arises before Sessions Judges, who are vested with the judicial power to adjudicate such orders, it is directed that copy of this judgment shall be circulated amongst all the Judicial Officers within State of U.P. through the District and Sessions Judges concerned. Similarly, a copy of this order shall also be sent to Director of Judicial Training and Research Institute."

6. Taking note of the aforesaid observations, the order dated 30.04.2024, passed by the Revisional Authority in Criminal Revision No.257 of 2022 (Subedar Yadav Vs. State U.P.) (Computerized Case No.UPST010069202022) is hereby set aside.

7. The matter is remanded back to the Revisional Authority namely District Judge, Sultanpur to decide the revision of the petitioner on merits, after considering the facts of the case as also the various judgments on the issue including (i) Omprakash Vs. State of U.P. and another), Criminal Misc. Writ Petition No.293 of 2024, decided on 06.03.2024, (ii) Kailash Yadav and others Vs. State of U.P. and others, 2008 (10) ADJ 5 CRLP No. - 43 of 2025 623, (iii) Mohd. Sakib Vs. State of U.P., Application under Section 482 CrPC No. 23143 of 2021, (iv) Noorun Nisha Vs. State of U.P. and 3 others, Application under Section 482 No.14892 of 2021, (v) Mohd. Laik Vs. State of U.P. and 3 others, Application u/s 482 No.20503 of 2021, (vi) Mohd. Yasir Vs. State of U.P. and 3 others, application u/s 482 No.10041 of 2022, decided on 29.09.2022, (vii) Kaliya Vs. State of U.P. and 03 others, Crimianal Misc. Writ Petition No.6826 of 2023, decided on

06.10.2023, (viii) Chandra Sekhar Rajbhar Vs. State of U.P. 05 others, Criminal Misc. Writ Petition No. 15 of 2024, decided on 21.03.2024 and the statutory provisions including Section 5A and 5B of the Cow Slaughter Act, within a period of 02 months from the date of production of certi(cid:28)ed copy of this order.

8. The writ petition is partly allowed. No order as to costs. November 13, 2025 ML/- (Saurabh Lavania,J.) MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

22.08.2022, above referred, was challenged. The Revisional Authority dismissed the revision after observing that the revision is not maintainable. By this order the revisional authority has also granted liberty to the present petitioner to move before appropriate authority (State or any other O=icer appointed in this regard by the State).

5. Without going into the factual aspect of the case, this Court (cid:28)nds that the order dated 30.04.2024, passed by the Revisional Authority requires interference in view of the law propounded by the Division Bench of this Court in the case of Nitesh Kumar Vs. State of Uttar Pradesh and 2 others [(Criminal Misc. Writ Petition No.14242 of 2025) decided on 18.07.2025]. The relevant portion of the order reads as under :- "5. Learned AGA has submitted that U.P. Prevention of Cow Slaughter Act, 1955 does not mention any remedy against confiscation order passed in the Act. In given circumstances, it was held by the co-ordinate Bench of this Court in Criminal Misc. Writ Petition No. 9028 of 2021 (Mustakeem Begum vs. State of U.P. and 3 Ors) that the Act does not provide any forum of appeal or revision against the order of 3 CRLP No. - 43 of 2025 confiscation regarding the seized vehicle passed by the District Magistrate. Thereafter, it was held that in such circumstances, provisions of criminal revision under Section 397 of Cr.P.C., shall be applicable and a criminal revision in the court of Sessions against such order will lie. Though it was mentioned that such orders are revisable before the Sessions court, yet many criminal revisions by this High Court were also entertained. Later on, a notification was issued by Government of Uttar Pradesh on 15.10.2024 wherein it was laid down that if the legality or propriety of the action taken under the Section 5a of the U.P. Prevention of Cow Slaughter Act, 1955 is to be challenged, the same could be challenged before the Divisional Commissioner. Therefore, present criminal writ against the impugned order is not maintainable.

6. Confronted with the above notification dated 15.10.2024, learned counsel for the petitioner prayed that he may be permitted to file a criminal revision against the impugned order before Divisional Commissioner and it was also prayed that delay occurred under the above circumstances be also condoned.

7. After hearing the counsel for the parties, it becomes apparent that U.P. Prevention of Cow Slaughter Act, 1955 does not provide any forum of appeal or revision against the order of confiscation regarding the seized vehicle passed by the District Magistrate. It is trite law that if any judicial or quasi judicial order is passed against a party, then he must have a forum to vindicate his grievances. A party cannot be left in lurch in case any such order is passed against him. From the perusal of the order passed in Criminal Misc. Writ Petition No. 9028 of 2021, it is evident that the said order was passed on 26.4.2024 when no such forum was available for a party to challenge the confiscation order passed by the District Magistrate in U.P. Prevention of Cow Slaughter Act, 1955. It appears that the said lacuna which occurred due to oversight of the legislature was rectified later on by issuing a notification dated

15.10.2024.

8. We have also perused the above notification which is reproduced herein below:- UTTAR PRADESH SHASAN Grih (Police) Anubhag-9 In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of Notification no. U.0./77/VI-P-9-2024 dated 15 October, 2024. NOTIFICATION No. U.O./77 U.O-/VI-P-9-2024 Lucknow: Dated: 15 October, 2024 In exercise of the powers under sub-section (5) of section 5-A of the Uttar Pradesh Prevention of Cow Slaughter Act. 1955 (U.P. Act no. 1 of 1956) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Governor is pleased to authorise the Divisional Commissioner to satisfy himself at any time as to the legality or propriety of the action taken under the section 5-A of the Uttar Pradesh 4 CRLP No. - 43 of 2025 Prevention of Cow Slaughter Act, 1955 (U.P. Act no. I of 1956), call for and examine the record of any case and pass such order thereon as he may deem fit. The aforesaid power shall be exercised within the limit of the respective districts of the Divisional Commissioners. It is further Clarified that aforesaid authority Conferred to Division Commissioner may be know as Revisional Jurisdiction. By Order, (Rajesh kumar) Secretary. Signed by Rajesh Kumar Date: 15-10-2024 14:44:39

9. In light of the aforesaid notification, it is very much clear that a criminal revision before Divisional Commissioner alone will lie against the confiscation order passed by the District Magistrate in U.P. Prevention of Cow Slaughter Act, 1955. Hence, the present criminal writ against the impugned order after the said notification is not maintainable as petitioner has equal and efficacious remedy to ventilate his grievances. However, we are of the view that the above notification which was issued on 15.10.2024 would not have come to the notice of the petitioner. Therefore we find it appropriate to dispose of this writ petition with a liberty to the petitioner to approach the proper forum for filing a criminal revision within a month from the date of order and if petitioner approaches the forum as directed by this Court, the concerned Division Commissioner will entertain his revision without going into the question of limitation.

10. Since we are aware that issue of this nature frequently arises before Sessions Judges, who are vested with the judicial power to adjudicate such orders, it is directed that copy of this judgment shall be circulated amongst all the Judicial Officers within State of U.P. through the District and Sessions Judges concerned. Similarly, a copy of this order shall also be sent to Director of Judicial Training and Research Institute."

6. Taking note of the aforesaid observations, the order dated 30.04.2024, passed by the Revisional Authority in Criminal Revision No.257 of 2022 (Subedar Yadav Vs. State U.P.) (Computerized Case No.UPST010069202022) is hereby set aside.

7. The matter is remanded back to the Revisional Authority namely District Judge, Sultanpur to decide the revision of the petitioner on merits, after considering the facts of the case as also the various judgments on the issue including (i) Omprakash Vs. State of U.P. and another), Criminal Misc. Writ Petition No.293 of 2024, decided on 06.03.2024, (ii) Kailash Yadav and others Vs. State of U.P. and others, 2008 (10) ADJ 5 CRLP No. - 43 of 2025 623, (iii) Mohd. Sakib Vs. State of U.P., Application under Section 482 CrPC No. 23143 of 2021, (iv) Noorun Nisha Vs. State of U.P. and 3 others, Application under Section 482 No.14892 of 2021, (v) Mohd. Laik Vs. State of U.P. and 3 others, Application u/s 482 No.20503 of 2021, (vi) Mohd. Yasir Vs. State of U.P. and 3 others, application u/s 482 No.10041 of 2022, decided on 29.09.2022, (vii) Kaliya Vs. State of U.P. and 03 others, Crimianal Misc. Writ Petition No.6826 of 2023, decided on

06.10.2023, (viii) Chandra Sekhar Rajbhar Vs. State of U.P. 05 others, Criminal Misc. Writ Petition No. 15 of 2024, decided on 21.03.2024 and the statutory provisions including Section 5A and 5B of the Cow Slaughter Act, within a period of 02 months from the date of production of certi(cid:28)ed copy of this order.

8. The writ petition is partly allowed. No order as to costs. November 13, 2025 ML/- (Saurabh Lavania,J.) MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench