RAJENDRA MALVIYA Vs. STATE OF M P

JUDGEMENT

(1.) This application filed under Section 482 Cr.P.C. is directed against order passed by learned Second Additional Sessions Judge, Sendhwa, District-Barwani passed in criminal revision No.39/2016 whereby the learned Additional Sessions Judge has confirmed the order passed by learned Judicial Magistrate First Class, Sendhwa in MJC No.70/16 dated 02.05.2016.

(2.) The relevant facts are that the Police Station-Sendhwa, District-Barwani seized a vehicle bearing registration No.MP-46-G-1041 under the provision of Sections 4, 6 & 9 of M.P. Govansh Vadh Pratished Adhiniyam, 2004 and Section 11-C of Cruelty towards Animal Act and Section 6/11-C of M.P. Krishak Pashu Parirakshan Adhiniyam.

(3.) According to the facts mentioned in the impugned order, the present applicant is registered owner of the vehicle. The vehicle is admittedly hypothecated to a finance company-Mahindra Finance Limited. The vehicle was sold on basis of an agreement of sale. One Rajendra had given power of attorney in respect of use of the vehicle to accused-Juber. The vehicle was allegedly used in carrying the cow progeny in a cruel conditions, and therefore, the crime was registered.