MOHAMMEDBHAI IBRAHIMBHAI SHAIKH 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, read with Section 482 of the Criminal Procedure Code, 1973 seeking to quash and set aside the order dated 23.09.2020 passed by the learned Chief Judicial Magistrate, Godhara which is confirmed by order dated 17.12.2020 passed by the learned 5th Additional Sessions Court, Panchmahals at Godhra in Criminal Revision Application No. 59/2020 and to release the muddamal vehicle Truck, bearing RTO registration No. GJ-06-VV-4498 in connection with the FIR No. 11207025200170 / 2020, registered before the Godhra Town Police Station, Dist. Panchmahals for the offence punishable under Sections 6(a), 4(3), 8(2) of the Gujarat Animal Protection Amendment Act and section 119 of the GP Act and Sections 177 and 184 of the Motor Vehicle Act.

(2.) Heard learned advocate Mr. Arbaazkhan Pathan 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 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.