LAWS(GJH)-2021-1-322

JAYESHBHAI MEPABHAI DHRANGIYA Vs. STATE OF GUJARAT

Decided On January 18, 2021
Jayeshbhai Mepabhai Dhrangiya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner has filed this petition seeking to invoke extra ordinary jurisdiction of this Court under Articles 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 8.10.2020 passed by the learned JMFC, Kheda, which is confirmed by order dated 21.10.2020 passed by the learned Principal District and Sessions Judge, Nadiad in Criminal Revision Application No. 90/2020 and to release the muddamal vehicle Loading Ashok Leyland Truck, bearing RTO registration No. MH 20 EG 9640 in connection with the FIR No. 11204025200048 / 2020, registered before the Kheda Town Police Station, Dist. Kheda for the offence punishable under Sections 5, 6(1), 8, 11(1)(D) of the Prevention of Cruelty to Animals Act, 1960.

(2.) Heard learned advocate Mr. M.M.Pathan for the petitioner and learned APP Ms. Maithili Mehta on behalf of the respondent - State video conference. Factual Matrix of the case:

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