VIHABHAI KARSANBHAI BHARVAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code has been preferred by the petitioner to quash and set aside the impugned judgement and order dated 05/02/2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Vadodara in Criminal Revision Application No. 28/2004 and also to quash and set aside the order passed by the learned Judicial Magistrate First Class (Municipality) dated 23/01/2004 in Criminal Case No. 4/2004 and to restrain respondents nos. 1 and 3 from handing over custody of the muddamal animals/calf to respondent no. 2.

(2.) A criminal complaint has been lodged at Makarpura Police Station, being C. R. II-19/2004, for the offences punishable under Sections 11 (1) A, D, E, F, H and K of the Prevention of Cruelty to Animals Act and under Sections 5, 8, 9 and 10 of the Bombay Animal Preservation Act and for the other offences as alleged in the complaint. During the investigation of the said complaint in all 22 calves were seized and the custody of which was kept with respondent no. 3. Respondent no. 2 submitted an application before the learned Judicial Magistrate First Class for handing over custody of the said muddamal animals/calves to him and the learned Judicial Magistrate First Class allowed the said application. Being aggrieved and dissatisfied with the order passed by the learned Judicial Magistrate First Class of handing over the muddamal animals/calves to respondent no. 2, the petitioner preferred Criminal Revision Application before the learned Session Court, Vadodara, which came to be heard by the learned Additional Sessions Judge, Fast Track Court No. 6, Vadodara, who by his impugned judgement and order dismissed the said application confirming the order passed by the learned Judicial Magistrate First Class. Being aggrieved and dissatisfied by both the aforesaid orders, the petitioner has preferred the present Special Criminal Application under Article 226 of the Constitution of India.

(3.) AT the outset, it is required to be noted that by an interim order, the execution and operation of the order passed by the Courts below have been stayed vide order dated 11/02/2004 and the said interim order has been continued till date and the custody of the muddamal animals/calves is with respondent no. 3, who is maintaining and taking care of the muddamal animals/calves in question. It is reported that the trial is ripe for hearing. Under the circumstances and in view of the above, the present Special Criminal Application is disposed of, without further expressing any opinion on merits as the same may ultimately affect either parties to the trial, by continuing the interim order granted earlier and directing the learned trial Court to decide and dispose of the trial at the earliest but within the stipulated time in accordance with law on its own merits without, in any way, being influenced by the present order and/or the impugned orders.