LAWS(ALL)-2018-9-236

GHANSHYAM YADAV Vs. STATE OF U P

Decided On September 13, 2018
GHANSHYAM YADAV Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The present criminal revision has been filed to quash the impugned order dated 14.08.2018 passed by the A.C.J.M., Court No. 1, Varanasi, pertaining to Case Crime No. 209 of 2018, under Sections- 279, 307 I.P.C. & Section 3/5A/8 of the Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960, Police Station- Mirza Murad, District- Varanasi by which the learned Magistrate has rejected the applicant's application for release of the cattle in his favour.

(3.) The grievance of the applicant appears to be that the applicant is the only rightful owner of the animals and that he had not infringed the law. The animals have been seized on a mere misunderstanding or wrong allegation and their custody has been deprived to the applicant by misreading the provisions of Prevention of Cruelty to Animal Act, 1960 (hereinafter referred to as the Act) read with Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals Rules), 2017 (hereinafter referred to as the Rules).