Allahabad High Court

RAHUL KESHARWANIversusSTATE OF U.P. AND 2 OTHERS

Decided: 13 May 2026
Bench: SUBHASH CHANDRA SHARMA

Holding

The revision must be filed before the Divisional Commissioner, and the petition is dismissed as withdrawn.

Summary

A criminal revision was filed by Rahul Kesharwani challenging the District Magistrate's order rejecting the release of a vehicle under Section 5A of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. The petitioner argued that the revision could be filed before the High Court. The Court examined Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024, which mandates that such revisions must be filed before the concerned Divisional Commissioner. The Court held that the proper forum was the Divisional Commissioner and therefore dismissed the revision as withdrawn, granting liberty to re‑file before the appropriate authority. The Court also directed that any delay in filing the new revision be dealt with liberally, given the pendency of the present matter.

Issues considered

Whether a revision against the order of a District Magistrate rejecting the release of a vehicle under Section 5A of the Uttar Pradesh Prevention of Cow Slaughter Act can be filed before the High Court.
Whether the revision must be filed before the Divisional Commissioner as per Notification No. U.O.//77 U.O-/VI-P-9-2024.
Whether delay in filing the revision before the Divisional Commissioner can be condoned.

Legislation cited

Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — s. 5A

Subjects

criminal revision
jurisdiction
cow slaughter act
vehicle release
procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      CRIMINAL REVISION No. - 4692 of 2025

                                    Rahul Kesharwani
                                                                                                .....Revisionist(s)
                                                                       Versus
                                    State Of U.P. And 2 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Revisionist(s)       : Surendra Kumar Patel, Vishesh Kumar
                                    Counsel for Opposite Party(s)    : G.A.

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

                                    This criminal revision has been filed against order passed by learned District
                                    Magistrate, Sonbhadra dated 19.06.2025 rejecting the release of vehicle in
                                    Case No. 267 of 2022 under Section 5A of Uttar Pradesh Prevention of Cow
                                    Slaughter Act, 1955, Police Station Duddhi, District Sonbhadra.

                                    As per Notification No. U.O.//77 U.O-/VI-P-9-2024 dated 15.10.2024 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 withdrawn 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 14, 2026
                                    Suraj Srivastav
                                                                                (Subhash Chandra Sharma,J.)




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

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