MOHAMMAD AJEEM KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure has been preferred being aggrieved by the order dated 07.08.2008 passed by Chief Judicial Magistrate, Seoni (M.P.) whereby the applications filed by the applicant under Section 451 and 457 of Code of Criminal Procedure have been rejected.

(2.) The brief facts of the case are that on 21.07.2008 Ajju Khan and Arif Khan were transporting the cattle by Truck No. MP-20 G/1642 for slaughtering purposes to Nagpur which was seized by Seoni Police and offence under Sections 4, 6, 9 of M.P. Gauvansh Pratishedh Adhiniyam, 2004, Section 4, 6 of M.P. Agriculture Cattle Preservation Act, 1959, Section 10 and 11 of Prevention of Animal Cruelty Act, 1960, Section 3/7 of Essential Commodities Act and Section 166 and 192 of Motor Vehicle Act against them. Out of 27 cattle 4 were found dead. They were given in the temporary custody of Respondent No. 2.

(3.) Applicant Mohd. Ajeem Khan @ Ajju, S/o Ajeej Khan filed the applications under Section 451 and 457 of Code of Criminal Procedure for taking the cattle and truck on Supurdginama which were rejected by the impugned order and the application filed by Respondent No. 2 for taking the cattle on interim custody was allowed and the cattle were given in the interim custody to Respondent No. 2 on the conditions enumerated in the impugned order. Being aggrieved by the impugned order the applicant preferred the instant petition.