Allahabad High Court

RAKESH YADAVversusSTATE OF U.P. AND 2 OTHERS

Decided: 6 May 2026
Bench: SUBHASH CHANDRA SHARMA

Holding

A criminal revision under the Uttar Pradesh Prevention of Cruelty to Animals Act is maintainable only before the Divisional Commissioner, not before the High Court.

Summary

The revisionist Rakesh Yadav filed a criminal revision before the Allahabad High Court challenging the District Magistrate, Chandauli's order dated 05.02.2026 that rejected the release of a vehicle seized under the Uttar Pradesh Prevention of Cruelty to Animals Act, 1960 (sections 3, 5A, 5B, 8). The High Court examined whether the revision was maintainable before it or should be filed before the Divisional Commissioner as prescribed by Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024. The Court held that the statutory scheme expressly confers jurisdiction on the Divisional Commissioner for such revisions. Consequently, the High Court dismissed the criminal revision, granting liberty to the petitioner to file the appropriate revision before the Divisional Commissioner. The Court also directed that any delay in filing the proper revision be dealt with liberally, given the pendency of the present matter. The certified copy and documents were ordered to be returned to counsel after photocopying.

Issues considered

Whether a criminal revision against the order of a District Magistrate rejecting the release of a vehicle under the Uttar Pradesh Prevention of Cruelty to Animals Act is maintainable before the High Court or only before the Divisional Commissioner.

Legislation cited

Uttar Pradesh Prevention of Cruelty to Animals Act, 1960 — s. 3, 5A, 5B, 8

Subjects

criminal revision
jurisdiction
animal cruelty law
procedural law
Uttar Pradesh Prevention of Cruelty to Animals Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      CRIMINAL REVISION No. - 2955 of 2026

                                    Rakesh Yadav
                                                                                                 .....Revisionist(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Revisionist(s)                  :    Deepak Kumar Pandey
                                    Counsel for Opposite Party(s)               :    G.A.

                                    Court No. - 86
                                                HON'BLE SUBHASH CHANDRA SHARMA, J.

                                    Since this criminal revision has been filed against order passed by District
                                    Magistrate, Chandauli dated 05.02.2026 rejecting the release of vehicle in
                                    Case Crime No. 0129 of 2025, under Sections 3/5A/5B/8 Uttar Pradesh
                                    Prevention of Cruelty to Animals Act, 1960, Police Station Syed Raza,
                                    District Chandauli against which criminal revision is maintainable before the
                                    learned court of Divisional Commissioner as per Notification No. U.O.//77
                                    U.O-/VI-P-9-2024 dated 15.10.2024, therefore, the revision against the order
                                    passed by District Magistrate/Police Commissioner for rejecting the release
                                    of vehicle under Cow Slaughter Act shall be filed before the Divisional
                                    Commissioner concerned.

                                    Accordingly, this criminal revision is dismissed as not pressed with liberty to
                                    file criminal revision before the concerned Divisional Commissioner and the
                                    delay in filing of such a revision shall be dealt with liberally in view of
                                    pendency of this criminal revision before this Court.

                                    Office is directed to return the certified copy and relevant documents to
                                    learned counsel for the revisionist after obtaining the photocopy which shall
                                    be kept on record.
                                    May 7, 2026
                                    Suraj Srivastav
                                                                                    (Subhash Chandra Sharma,J.)




Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad

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