MOHSIN ISHAK PAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 19(1)(g), 226 and 227 of the Constitution of India, particularly supervisory jurisdiction and under the provisions of Sections 451, read with Section 482 of the Criminal Procedure Code, 1973 seeking to quash and set aside the order dated 28.07.2020 passed by the learned Principal Civil Judge and JMFC, Dhodhamba in Muddamal Application No. 38/2020, which is confirmed by order dated 07.08.2020 passed by the learned 3rd Additional Sessions Judge, Panchmahals @ Halol in Criminal Revision Application No. 19/2020 and to release the muddamal vehicle - Tata 407 Tempo, bearing RTO registration No. GJ-17-T-7127 in connection with the FIR being CR. No. II - 0050 of 2019, registered before the Rajgadh Police Station, Dist. Panchmahals for the offence punishable under Sections 6A(4), 8(2) of the Gujarat Animal Prevention Act and Sections 429 and 427 of the IPC.

(2.) Heard learned advocate Mr. Makbul I. Mansuri for the petitioner and learned APP Mr. H. K. Patel on behalf of the respondent - State video conference.

(3.) It is the case of the petitioner that he is the owner of the muddamal tempo in question. It is further the case of the petitioner that the learned Courts below have rejected the release of muddamal applications and if the muddamal vehicle would lie at the Police Station for more time, there will be physical damage to it and therefore, interference of this Hon'ble Court is required in the interest of justice as there is no prima facie case against the petitioner.