AYYUBHAII DOSTMOHAMMAD MAKRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. This proceeding is filed to challenge the order made by the learned Judicial Magistrate, First Class, Taloda in STCC No. 287/2011 on Exh. 31 and also the judgment and order of learned Additional Sessions Judge, Shahada in Criminal Appeal No. 5/2012.

(2.) It appears that the petitioner was prosecuted for offence punishable under sections 100 and 117 of Bombay Police Act in the Court of J.M.F.C., Taloda. He came to be acquitted. This decision of acquittal was challenged by respondent No. 2/Goshala by filing Criminal Appeal No. 5/2012. The appeal came to be dismissed. However, in the operative order in view of the submissions made by the petitioner, the learned Additional Sessions Judge directed to fix the price of the cattle, which were given in the custody of present respondent No. 2/Goshala and give the price to the accused/present petitioner. The interim custody was given to Goshala and only due to the request made by the petitioner of aforesaid nature, such order was made by the learned Additional Sessions Judge.

(3.) It appears that as per the directions given by the learned Additional Sessions Judge, the Commissioner was appointed to fix the price. The petitioner was not satisfied with the report prepared by the Court Commissioner and he filed application before J.M.F.C. against the said report. This objection in respect of report of Court Commissioner is rejected by J.M.F.C.