LAWS(BOM)-2023-6-386

ANSAR AHMAD Vs. STATE OF MAHARASHTRA

Decided On June 06, 2023
ANSAR AHMAD Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

(2.) The issue involved in both the petitions is identical and therefore, both the petitions are being disposed of by the common judgment.

(3.) In both the writ petitions, filed under Article 227 of the Constitution of India, challenge is to the order dtd. 23/8/2022, passed by the learned Additional Sessions Judge-16, Nagpur, whereby the learned Judge dismissed the revision applications filed by the petitioners challenging the order dtd. 11/4/2022 passed by learned Judicial Magistrate, First Class, Nagpur. Learned Magistrate by his order dtd. 11/4/2022 rejected the prayer for handing over custody of seized animals in crime bearing Nos. 121/2022 and 111/2022, respectively, registered with Police Station, Gittikhadan, Nagpur for the offences punishable under Sec. 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as 'the Act of 1960' for short) and Ss. 66 and 192 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the M.V. Act ." for short).