GORAKSHANARTH AADIWASI SEVABHAVI SANSTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) Present writ petition has been filed by the Gaushala in whose possession the cattle seized by police in connection with Crime No.245 of 2020 registered with Hatta Police Station, Dist. Hingoli were handed over by police. Present respondent No.2 then filed an application under Section 457 of the Code of Criminal Procedure claiming to be the owner of the cattle, vide Criminal Miscellaneous Application No.114 of 2020 which came to be allowed by the learned Judicial Magistrate First Class, Aundha on 14-08-2020. Thereafter, the present petitioner had approached the learned Additional Sessions Judge, Basmathnagar in Criminal Revision Application under Section 397 of the Code of Criminal Procedure. However, it came to be dismissed on 25-08-2020 holding that the Gaushala has no locus standi to file revision application. Therefore, the petitioner wants to invoke the constitutional powers of this Court under Article 227 of the Constitution of India as well as inherent powers of this Court under Section 482 of the Code of Criminal Procedure to challenge the impugned orders.

(3.) Heard learned Advocate Mr. J. S. Kini holding for learned Advocate Mr. J. V. Deshpande and Mr. B. N. Magar for petitioner, learned APP Mrs. R. P. Gaur for respondent No.1 - State and learned Advocate Mr. R. J. Nirmal for respondent No.2.