LIYAKATBHAI SHABIRBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under Article 227 of the Constitution of India has been preferred by the petitioner for an appropriate order to quash and set aside the judgement and orders at Annexure-A and Annexure-B passed by the learned Judicial Magistrate (First Class), Borsad in Muddamal Application No.35 of 2011 dtd.7/7/2011 as well as the judgement and order passed by the learned Additional Sessions Judge, Anand in Criminal Revision Application No.63 of 2011 dtd.3/10/2011.

(2.) AT the outset, it is required to be noted that the present proceedings arise out of the application submitted by the petitioner for handing over the custody of the muddamal / live stock ­ 8 buffaloes. Both the courts below have rejected the said application. Hence the petitioner has preferred the present petition under Article 227 of the Constitution of India.

(3.) MR .Pujara learned advocate appearing on behalf of the petitioner has submitted that as such the death of the buffaloes was not disclosed before the learned trial court.