LAL BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Matbnr, J. This revision has been filed on 26-11-1993, against the judgment and order dated 9-11-1993 of Addl. Chief Judicial Magistrate, Kasia, District Deoria passed in Case Crime No. 449 of 1993.

(2.) SRI Girjesh Misra, Sub-Inspector of Police Station Kasia while on patrol duty apprehended some persons along with 31 cattle at abaut 5 p. m. on 5-11-1993 on the patari of Cana in village Bhaisaha. It was suspected that the cattle were being taken to the State of Bihar for the purpose of slaughter. An F. I. R. under Section 5/8 of U. P. Prevention of Cow Slaughter Act was lodged on the basis of which a case was registered as Crime No. 449 of 1993 at Police Station Kasia. The applicants, Lal Bahadur and others, moved an application for release of the cattle, but it was rejected by the learned Magis trate on the ground that the cattle were liable to be confiscated under Rule 16 (3) of U. P. Prevention of Cow Slaughter Rules, 1964 and if the cattle were released, the object of the Act will be defeated. It is this order which has been impugned in the present revision.

(3.) IN the result, the revision is allowed. The impugned order dated 9-11-1993 of the A. C. J. M. Kasia, is set aside. The cattle seized in case Crime No. 449 of 1993 shall be released in favour of the applicants. Revision allowed. .