MUNABBAR HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition, moved Under Section 482 of Code of Criminal procedure, 1973, the petitioner has sought quashing of the order dated 20th of April 2010, passed by Sessions Judge, Almora, in Criminal Revision No. 26 of 2010, State vs. Munabbar Hussain.

(3.) Brief facts of the case are that on 01.04.2010, police intercepted a vehicle in which as many as 23 buffaloes were being transported. The police challaned, the accused under section 11 of Prevention of Cruelty to Animal Act, 1960. It appears that petitioner Munabbar Hussain moved an application before the trial court (Judicial Magistrate, Almora) for release of the buffaloes, claiming the ownership of the animals. The Magistrate after hearing the parties allowed the application and directed that the 23 buffaloes be released in favour of the present petitioner on executing personal bond of Rs. four lakh and also on giving undertaking that he will not transfer or sell the animals and shall produce them in the court as and when required. Aggrieved by said order dated 01.04.2010, passed by Judicial Magistrate, Almora, the State filed Criminal Revision No. 26 of 2010 before the Sessions Judge, Almora. Said revisional court vide its impugned order dated 20th of April 2010 stayed the operation of the order dated 01.04.2010, passed by the Magistrate.