BRIJ BHUSHAN SARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on application under Sec. 482 of the Code of Criminal Procedure, filed on behalf of accused Brij Bhushan Sharma in Crime No. 310/2014 registered under Ss. 409, 420, 466, 467, 177 & 193 of the Indian Penal Code by P.S. Pandhurana, District Chhindwara. The application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceedings arising from Crime No. 310/2014.

(2.) The facts giving rise to this miscellaneous criminal case may briefly be stated thus. At around 5:00 a.m. on 30 -05 -2014, the President of Pandhurana block of Shiv Sena was alerted on telephone by an unknown person that some people are taking cows and bullocks etc. on foot, towards Bhardar Gori. Consequently, volunteers of Shiv Sena and Bajranj Dal reached the spot and accosted those persons. They ran away leaving 104 animals behind. The volunteers brought the animals to P.S. Pandhurana. The animals were seized by ASI A.P. Dubey and they were examined by Veterinary Surgeon Dr. Ketan Pandey. The police tried to admit the animals in a facility at Dadadham, Tehrakhapa, Gaushala, about 25 k.ms. away. However, the Manager declined to admit such a large number of cattle; whereon, as per the case of the police, the animals were given in the temporary custody of Manoj Tadam and Mannu Bhalavi for their protection on 30 -05 -2014. Crime No. 245/2014 was registered in P.S. Pandhurana under Ss. 4, 6 & 9 of Madhya Pradesh Govansh Pratishedh Adhiniyam, 2004, 11(1) of Pashu Krurta Nivaran Ahiniyam, 1960 and Ss. 6, 7, 10 & 11 of Madhya Pradesh Krishi Upyogi Pashu Sarankshan Adhiniyam, 1994 was registered against unknown persons and taken into investigation.

(3.) Subsequently, on 18 -06 -2014, an application was moved in the Court of JMFC, Pandhurana, stating that the police had given the animals to butchers and have not even informed the Court as to whom the animals have been given in temporary custody. Admittedly, the petitioner Brij Bhooshan Sharma was the Town Inspector and Station House Officer of P.S. Pandhurana, during the relevant period. On 18 -06 -2014, on aforesaid application, JMFC, Pandhurana, called for a report from P.S. Pandhurana. On 19 -06 -2014, the report was submitted along with the case diary. It was stated in the report that the investigation is on in Crime No. 245/2014. A perusal of the case diary revealed that an application purportedly filed by Manoj Tadam and Mannu Bhalavi for giving the animals in their temporary custody, was found. However, the application was not signed either by the Investigating Officer or by SHO P.S. Pandhurana. No entry with regard to aforesaid application was made in the case diary. There was an "Hifazatnama" appended to the case diary, wherein it was mentioned that the animals are being given in temporary custody of aforesaid Manoj Tadam and Mannu Bhalavi; however, there were no signatures of either the Investigating Officer or Station House Officer on aforesaid Hifazatnama. Again, there was no mention of aforesaid Hifazatnama in the case diary.