RAMJIBHAI NATHUBHAI CHAUDHARI Vs. STATE OF GUJARAT

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 and 457 of the Criminal Procedure Code, 1973 seeking to quash and set aside the order dated 29.10.2020 passed by the learned Principal Civil Judge and JMFC, Mahemdavad, which is confirmed by order dated 01.12.2020 passed by the learned Principal Sessions Judge, Kheda at Nadiad in Criminal Revision Application No. 99/2020 and to release the muddamal vehicle Eicher, bearing RTO registration No. GJ-24-V-3876 in connection with the FIR No. 11204041201376 of 2020, registered before the Mahemdavad Police Station, District- Kheda for the offence punishable under Sections 5, 6, 8 and 10 of the Animal Preservation Act and under Sections 11(1)(d), 11(1)(e) and 11(1)(f) of the Prevention of Cruelty to Animals Act and and under Sections 119 of the G.P. Act.

(2.) Heard learned advocate Mr. Rafik Lokhandwala for the petitioner and learned APP Ms. Maithili Mehta 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 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.