RIYAZ KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BRIEFLY stated the case of the petitioners is that they earned their livelihood through cattle trading. They used to purchase cattle from various cattle markets to sell them at weekly market Surajpur. The petitioners purchased 255 oxen from the various weekly cattle markets in the month of December, 2003 and proceeded for village Maanpur with the purchased oxen. They stayed at Village Mohanpur in the intervening night of 28th and 29th December, 2003. At about 1. 00 a. m. , mob of 250 to 260 persons under the leadership of respondent No. 7 and also accompanied by respondent No. 6-S. H. O. of Police Station Ramanujnagar, reached there and charged the petitioners that they were taking the cattle for the purposes of slaughtering. The above persons were claiming that they are members of the ruling political party of the State and they shall not allow slaughtering of animals as it is an offence. The petitioners denied that the cattle were being taken for slaughtering and pleaded that they were taking the cattle to weekly market for sale as the same would be used for agricultural purposes. However, their pleadings and denial went in vain and they were taken to the police station ramanujnagar by respondent No. 6 where they were illegally detained till 3-1-2004. However, they were released by the police on 3-1-2004 as after inquiry no evidence of any offence could be gathered against them. However, cattle belonging to the petitioners were taken by the villagers with the active connivance of respondent Nos. 6 and 7.

(2.) THE petitioners moved an application for interim custody of cattle before the Judicial Magistrate 1st Class, Surajpur, however, their application was rejected on the ground that the police has not seized the animals. The petitioners moved another application before the Sub-Divisional magistrate, Surajpur for permission to sell their animals. After registering the application as case No. 141/04, report was called from the station House Officer, Police Station ramanujnagar vide order dated 4-2-2004 (Annexure P-2 ). Thereafter, the matter was referred by the S. D. M. , Surajpur to the District Magistrate, who vide order dated 28-4-2004 (Annexure P-3) granted permission to the petitioners for selling the animals with the condition that the animals shall be sold within the Sarguja District and the list of the persons to whom the animals are sold would be submitted with S. D. O. On the basis of order passed by the District Magistrate, surajpur the S. D. O. granted permission to the petitioners for selling the cattle.

(3.) RESPONDENT No. 7 vide his application dated 5-10-2004 requested the S. D. O. to review the order granting permission to sell. On the application of respondent No. 7, a report was called from the Police Station ramanujnagar and thereafter, his application for review was rejected on 25-1-2005. It was also observed that after enquiry it was found that the petitioners have not committed any offence and they are entitled to sell the animals. Even after direction by the s. D. O. , the S. H. O. , Police Station ramanujnagar did not restore the cattle to the petitioners nor he took any action against respondent No. 7 and other villagers who have retained the animals belonging to the petitioners.