SECRETARY GOPAL GOSHALA JHONKAR Vs. RAMESH SO BADRILAL

JUDGEMENT

(1.) BEING aggrieved by the order dated 4-7-06 passed by VI th Additional sessions Judge, (Fast Track), Ujjain in Cr. R. No. 211/06, whereby the application filed by the respondent No. 2 under Section 451 of Cr. PC for giving the animals in Supurdgi, which was allowed by learned JMFC, Tarana, Distt. Ujjain in Criminal Case No. 36/06, vide order dated 26-5-06 was modified, the present revision petition has been filed.

(2.) SHORT facts of the case are that the respondent No. 4 registered a case against the respondent Nos. 1 to 3 under Section 11 (1) (a), (b), (c) and (2)of Prevention of Cruelty to Animals Act, 1960 and under Sections 3,4 and 9 of m. P. Govansh Vadh Pratishedh Adhiniyam, 2004, on the ground that on 14-1-06 at about 10:15 p. m. it was found that 20 cattle were being transported in a truck bearing registration No. MP. 13-E/1148, cruelly for slaughtering purposes. Case of prosecution was that the driver of the truck who was transporting the cattle ran away, hence the animals and the truck was seized and after investigation the criminal case was registered against the respondent Nos. 1 to 3 for the offence punishable under the Act mentioned hereinabove. In the said criminal case an application was filed by the petitioner Gopal Goshala, through Secretary, wherein it was prayed that the animals be given to the petitioner on Supurdgi. Vide order dated 18-1-06 learned JMFC allowed the application filed by the petitioner holding that the criminal case will take time in its disposal and till then there is no arrangement for cattle food, therefore, animals be given in the custody of petitioner institute in Supurdgi. Thereafter the accused persons respondent Nos. 1 to 3 herein moved an application for recalling of the order dated 18-1-06 and to give the custody of the cattle to them alleging that the animals were purchased by them, therefore, the custody be given to them. This application was dismissed by the learned Judicial Magistrate, against which a criminal revision was filed by the accused respondents before the District and sessions Court, which was allowed vide order dated 24-2-06 and the order of dismissal of application dated 30-1-06 was set aside with a further direction to the learned Judicial Magistrate to pass an appropriate order on the application filed by the accused respondents under Section 457, Cr. PC keeping in view the law laid down by this Court in that regard.

(3.) BEING aggrieved by the order passed by the Sessions Court, whereby the case was remanded for disposal of the application of the accused persons for giving the animals in their custody a further revision was filed by the petitioner before this Court, which was dismissed vide order dated 17-4-06 and the order dated 24-2-06 passed by learned Sessions Court was maintained, whereby the , case was remanded to the learned Judicial Magistrate for disposal of the application. In compliance of the order passed by Sessions Court vide order dated 24-2-06, which was confirmed by this Court vide order dated 17-4-06, learned Judicial Magistrate disposed of the application vide order dated 26-5-06, whereby the application filed by the accused respondents for giving the animals in their custody was dismissed, against which a revision petition was filed by the accused persons before the learned Revisional Court. By the impugned order dated 4-7-06 learned Revisional Court allowed the revision petition with a direction to the petitioner to hand over the custody of animals upon furnishing adequate security Supurdginama, it is this order which is under challenge before this Court.