Allahabad High Court

REHANAversusSTATE OF U.P. AND 3 OTHERS

Decided: 7 September 2026
Bench: GAUTAM CHOWDHARY

Holding

The High Court set aside the orders of the District Magistrate and the Commissioner and allowed the applicant to seek release of the vehicle upon proving ownership.

Summary

The applicant, Rehana, filed an application under Section 482 of the Criminal Procedure Code seeking to set aside orders dated 18‑06‑2025 and 09‑07‑2026 that seized her vehicle under the Prevention of Cow Slaughter Act, 1955. She claimed to be the registered owner of the vehicle and argued that its continued detention would render it junk. The High Court, after hearing counsel for both parties and reviewing the impugned orders, found merit in the applicant’s contentions. Relying on precedents that vehicles should not be kept in police custody for an extended period, the Court set aside both the District Magistrate’s and the Commissioner’s orders. The Court directed the applicant to file proof of ownership within one month for the vehicle’s release and disposed of the application under Section 482.

Issues considered

Whether the orders seizing the vehicle under Sections 5(A) and 5A(8) of the Prevention of Cow Slaughter Act can be set aside under the inherent powers of the High Court under Section 482 CrPC.
Whether the vehicle should be released to the registered owner pending the conclusion of the investigation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Prevention of Cow Slaughter Act, 1955 — s. 5(A), 5A(8)

Subjects

Section 482 CrPC
inherent jurisdiction
vehicle seizure
Prevention of Cow Slaughter Act
ownership proof
release of seized property

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36149 of 2026

Rehana
.....Applicant(s)
Versus

State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Arvind Kumar Kushwaha, Pooja
Counsel for Opposite Party(s) : G.A.

Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant and learned A.G.A. for the
State.

2. Learned counsel for the applicant filed a supplementary affidavit,
which was taken on record.

3. The present application under Section 482 Cr.P.C. has been filed for
setting aside the order dated 18.06.2025 passed by respondent
no.3/District Magistrate, Mirzapur in Case No. 67 of 2025, Computerised
Case No. D202516530000067 (Government of U.P. Vs. Rehana and
others) under Section 5 (A) of Prevention of Cow Slaughter Act, 1955,
Police Station Lalganj, District Mirzapur as well as order dated
09.07.2026 passed by Commissioner Vindhyachal Mandal District
Mirzapur/respondent no. 2 in Revision no. 1079 of 2026 as compurterized
case no. C202616000001079 under section 5A(8) of of Prevention of
Cow Slaughter Act, 1955 (Rehana Vs. State of U.P.).

4. Learned counsel for the applicant contends that applicant is the owner
of the TATA XENON YODHA ECO, vehicle no. UP 64 AT 7125 and
that the vehicle in question in has been falsely implicated in the aforesaid
case. He further submits that no useful purpose would be served in
keeping the vehicle at police station which would result in the vehicle
becoming junk. Learned counsel for the revisionist has relied upon a
decision of Hon'ble Apex Court in the matter of Sunder Bhai Ambalal
NA528 No. 36149 of 2026
2

Desai Vs. State of Gujarat 2003 (46) A.C.C. 223 in support of his
contention, in which it has been held that it is not desirable in the matter
of motor vehicle, the vehicle be kept at the police station for a long time
which result in the vehicle becoming junk, therefore, the vehicle-in-
question should be released in favour of the registered owner on such
terms and conditions as the court below may deem fit and proper. Learned
counsel for the petitioner has also placed reliance upon the decision of
this Court reported in 2012 (77) ACC 381 Shyam Singh Kushwaha Vs.
State of U.P. and another, in support of his contention.

5. After hearing the learned counsel for the applicant, learned A.G.A., and
after perusing the order impugned as well as averments made in the
present application, this Court is of the opinion, that the arguments as
raised by learned counsel for the applicant has substance.

6. Accordingly, the order dated 18.06.2025 passed by respondent
no.3/District Magistrate, Mirzapur and order dated 09.07.2026 passed by
Commissioner Vindhyachal Mandal District Mirzapur/respondent no. 2 in
Revision no. 1079 of 2026 as compurterized case no. C202616000001079
under section 5A(8) of of Prevention of Cow Slaughter Act, 1955
(Rehana Vs. State of U.P.) are hereby set aside with the liberty to the
applicant to file an appropriate application along with all relevant
documents showing the ownership of the vehicle, before the concerned
Court/District Magistrate, Mirzapur below and if such an application is
filed within one month from today, the same shall be considered and
disposed of as expeditiously as possible, in accordance with law,
preferably within a period of one month, thereafter.

7. With the aforesaid directions, this application under Section 482
Cr.P.C. is finally disposed off.

(Dr. Gautam Chowdhary,J.)
September 8, 2026
CP.sahani

Digitally signed by :-
CHANDRA PRAKASH SAHANI
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…