MEHMOOD Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C is directed against the order passed by learned Additional Session Judge, Mahidpur, District Ujjain in Criminal Revision No.21/17, which was disposed of by learned Additional Sessions Judge on 02/02/2017 and dismissed the revision filed against order passed by learned Judicial Magistrate First Class, Mahidpur in Crime No.311/2016, Police Station Raghvi, District Ujjain by order dated 18/11/2016.

(2.) According to the relevant facts, present applicant is registered owner of vehicle, which was seized by police in aforesaid crime number for being used for transporting cow progeny for slaughter under the provisions of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004. Earlier attorney holder of present applicant filed an application for obtaining interim custody of the vehicle under Sec. 451 and 457 Crimial P.C. The application was dismissed, as it was not filed by registered owner of the vehicle, and thereafter, present applicant filed the application. Learned Magistrate dismissed the application on the ground that earlier the application under the same provision of law was dismissed, which was filed by an attorney holder. Now, the application is filed by the registered owner and according to learned Magistrate, there was no change in nature of application, and therefore, in opinion of Magistrate, the criminal Court was not empowered to review its own order, the application was dismissed.

(3.) Learned revisional Court observed in para 9 of impugned order that earlier a revision was filed, when the application filed by attorney holder Shakilabee was dismissed on the ground that proceedings of confiscation of vehicle were at an advance stage and also on the ground that the application was not filed by registered owner of the vehicle. It was argued before Magistrate and the revisional Court that under the provisions of M.P. Govansh Vadh Pratishedh Adhiniyam, 2004, the Magistrate has power to grant custody of vehicle till disposal of case and pending proceedings for confiscation of the vehicle had no bearing on the powers of Magistrate under Sec. 451 and 457 Cr.P.C.