ISMAIL ABDULAZIZ SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 14, 226 and 227 of the Constitution of India, particularly supervisory jurisdiction seeking to release the muddamal vehicle Mahidra Max Pick up, bearing RTO registration No. GJ-06-TT-9082 in connection with the FIR being C.R. No. II 29 of 2019, registered before the Jhagadia Police Station, Dist. Bharuch for the offence punishable under Sections 11(1)(3)(E), 11(K), 11(D)(F)(L) of the Prevention of Cruelty to Animals Act.

(2.) Heard learned advocate Mr. Parvez A. Pathan 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 vehicle in question. It is further the case of the petitioner that the learned Judicial Magistrate First Class, Jhagadia, vide order dated 17.10.2019 had rejected the muddamal application against which, a revision application was preferred, however, the learned 8th Additional Sessions Judge, Ankleshwar, Dist.: Bharuch, vide order dated 07.07.2020 also rejected the said application. Hence, it is submitted that 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.