KALUBHAI MOHAMMEDBHAI KHATKI 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), 21, 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 06.10.2020, passed by the learned 11th Additional District and Sessions Judge, Ahmedabad (Rural) @ Mirzapur, Ahmedabad in Criminal Revision Application No. 92 of 2020, confirming the order dated 27.08.2020 of the learned Additional Chief Judicial Magistrate, Dhandhuka in Muddamal Application and to release the muddamal vehicle - Tata Four Wheeler ACE EX 750 (Mini Tempo), bearing RTO registration No. GJ-01-CZ-8190 in connection with the FIR being CR. No. 11192018200003 of 2020, registered before the Dhandhuka Police Station, Dist. Ahmedabad (Rural) for the offence punishable under sections 429, 259A and 120-B of the Indian Penal Code, 1860 (IPC) and sections 5, 6, 6(B), 8, 10 and 4 of the Gujarat Animal Preservation Act and sections 11(1)(f) and (h) of the Prevention of Cruelty to Animals Act and section 119 of the G. P. Act.

(2.) Heard learned advocate Mr. S. S. Saiyed for the petitioner and learned APP Mr. L. B. Dabhi on behalf of the respondent - State video conference.

(3.) It is the case of the petitioner that he is the owner of the muddamal vehicle. 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.