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Prevention Of Cow Slaughter Act 1955, a special act and local law- Powers u/s 451,452 & 457 of CrPC are not invocable in respect of proceedings under the Act: Allahabad High Court

Prevention of cow slaughter Act- An Act to prohibit and prevent the slaughter of cow and its progeny in Uttar Pradesh whereas it is expedient to prohibit and prevent the slaughter of cow and progeny in Uttar Pradesh,

It was hereby enacted in the sixth year of the Republic of India

The Prevention of Cruelty to Animal Act- An Act to prevent the infliction of unnecessary pain or suffering on animals and for that purpose to amend the law relating to the prevention of cruelty to animals.

High Court Of Allahabad dismissed the Application under section 482 of CrPC which is an essential part of the statute to meet the end of justice where injustice can take place, in Yas Mohammad vs State of UP and another (APPLICATION U/S 482 No. – 12300 of 2021) by learned bench led by HONOURABLE DR. YOGENDRA KUMAR SRIVASTAVA.

This application u/s 482 of the Code of Criminal Procedure, has been filed with a prayer to set aside the order passed by Additional Sessions Judge in Criminal Revision case arising out of order passed in Case under Sections 3/5-A/8 of The Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 of The Prevention of Cruelty to Animal Act, 1960.

FACTS OF THE CASE- An FIR was lodged by the applicant under the sections of PCSA and PCAA to the Police Station. The vehicle stated to be carrying the animals was seized. The applicant claiming to be the owner of the vehicle filed an application before the court seeking release of the vehicle. The learned Magistrate rejected the application considering sub-section (7) of Section 5-A inserted in the U.P. Act. Aggrieved, against the order preferred a revision where the Additional Session Judge dismissed the petition.

COURT’S OBSERVATION-  Honorable Court while applying the aforesaid principle to the facts of the case, the vehicle in question having been confiscated and seized in the exercise of powers u/s 5-A of the PCSA, which is in the nature of a special Act and local law u/s 5 of the Code, the same would clearly have the effect of denuding the Magistrate of his power to pass any order under Sections 451, 452 and 457 of the Code for release of the vehicle seized for alleged violation of the provisions of the Act.

JUDGEMENT-The view taken by the courts in declining to entertain the application of the applicant for release of the vehicle during the pendency of the proceedings under the PCSA, cannot be said to suffer from illegality so as to warrant interference.

The application under section 482 of the Code is thus dismissed.

 

JUDGEMENT REVIEWED BY RIYA DWIVEDI

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