RAJU SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The above mentioned Criminal Misc. Application, Writ Petition and Criminal Misc. Revision involve the common question relating to the order of learned Judicial Magistrate as well as learned Sessions Judge, rejecting the applications for release of cattle alleged to have been involved under Ss. 3/5-A/8 Cow Slaughter Act, 1955 and S. 11-D of Prevention of Cruelty to Animals Act, 1960.

(2.) I have heard learned counsel for the petitioners/applicants, learned counsel for the revisionist and Sri Satish Trivedi, learned Senior Counsel with Anil Kumar Singh as well as learned A.G.A. for the State. The date of incident, case crime number, Police station in respect of the criminal case number, date of impugned orders passed by the respective Judicial Magistrate/Sessions Judge are given herein as under :

(3.) The Miscellaneous Criminal Application No. 3088 of 2001 has been filed by five applicants stating that they are the owners of two bullocks each, total numbering 10 bullocks which they have purchased from Zilla Panchayat Karyalaya, Basti for their agricultural purposes, after obtaining receipt of purchase showing the address of the seller and purchaser as well as price of the bullocks. When they reached in the circle of the Police Station Maharajganj, Tehsil Sigdi, District Azamgarh, they were intercepted by the Police and the First Information Report dated 21-5-2001 was lodged in respect of the alleged offences having been committed under Ss. 3/5-A/8 Cow Slaughter Act, 1955 and S. 11-D of Prevention of Cruelty to Animals Act, 1960. It has been contended by learned counsel for the applicants that they were taking these bullocks to their home and not for slaughtering. It has been submitted on behalf of the applicants that these bullocks were healthy who are getting sufficient fodder and straw and now they apprehended that in lack of adequate fodder and straw available in the police station the health of these cattle would be deteriorated therefore, they prayed for release/Supurdagi of these bullocks through an application dated 8-6-2001 filed before the C.J.M., Azamgarh. The applicants have also asserted that the place of interception of these cattle lies at a distance of 200 km. within the boundary of neighbouring State. They also asserted that these bullocks were being carried on foot and there is nothing on record to show that they were doing any cruelty towards these cattle. The Additional Chief Judicial Magistrate, Azamgarh in his order dated 11-6-2001 has referred that no permit or licence in respect of transportation of these bullocks were produced before him and learned A.C.J.M. has expressed apprehension if the Supurdagi of these bullocks/cattle's are given to the applicants, the possibility of their being slaughtered could not be ruled out. Therefore, the application for release or Supurdagi of these bullocks were rejected. @@Case No. Date of incident Case Crime No. Police Station District Dt. of impugned order Name of the Authority Passing of the impugned order. Crl. App. No. 3088 of 2001 Raju Singh and others v. State of U. P. and others. 21-5-2001 133 of 2001 Maharaj Ganj. Tehsil Sagdi Azamgarh 11-6-2001 A.C.J.M., Azamgarh. Crl. Revi. No. 1569 of 2001 Rajesh Gupta v. State of U. P. and others. 27-5-2001 202 of 2001 Phulpur, Azamgarh 2-6-2001 A.C.J. M., Azamgarh. Crl. Revision No. 1608 of 2001 Ram Gopal v. State of U. P. 12-6-2001 97, 98, 99 and 100 of 2001 Tarwa, Azamgarh 16-6-2001 A. C. J. M., Azamgarh. Crl M. W. P. No. 4176 of 2001 Nisar Ahmad v. IIIrd A. D. J., Etawah and another. 28-4-2001 102 of 2001 Ekdil, Etawah 19-5-2001 IIIrd Addl.D. and S. J., Etawah. Cr. W. P No. 4159 of 2001 -ahir v.. A. D. J., Shahjahanpur. 4-10-2000 217/2000 Rev. 20/2001 Banda, Shahjahnpur 30-4-2001 Addl. D. and S. J., Shahjahanpur. Crl. M. W. P. 4160 of 2001 -ahir v. A.D.J. Shahjahanpur. 4-10-2000 217/2000 Rev. 19/2001 Banda, Shahjahanpur 30-4-2001 Addl. D. and S. J., Shahjahanpur. Crl. M. W. P. No. 4161 of 2001 Wasim Khan v. A. D. J., Shahjahanpur 4-10-2000 217/2000 Rev. 18/2001 Banda, Shahjahanpur 30 -4-2001 Addl. D. and S. J., Shahjahanpur.@@