RAVI SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of the Cr.P.C. being aggrieved by the order dated 30.10.2018 (impugned order) passed by 4 th Additional Sessions Judge, District Narsinghpur in Criminal Revision No. 111/2018 whereby order passed by the Court of JMFC in Criminal Case No. 1965/2018, dated 25.10.2018, dismissed the application under Section 457 of the Cr.P.C. for granting interim supardginama of the vehicle.

(2.) Facts giving rise to this petition, in short, are that police seized the vehicle bearing registration No. UP-77-AN- 5652 on 26.09.2018 in connection with illegal transportation of cow progeny for slaughtering. Some of the cow progeny died in the truck by suffocation because cow progeny was shifted in the truck with very cruel manner. Police registered a Crime No. 226/2018 in the Police Station Mungwani for the offence punishable under Sections 4, 6, 6A, 6B and 9 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004. Applicant, being the owner of the vehicle, bearing registration No. UP-77-AN-5652 has filed an application before the Court of JMFC under Section 457 of the Cr.P.C. for taking the vehicle in custody. Learned trial Court considered the application on merits and vide order dated 25.10.2018 dismissed the application filed by the applicant. Being aggrieved by that order, the applicant filed a criminal revision before the Court of Additional Sessions Judge, Narsinghpur. The Revisional Court vide order dated 30.10.2018 dismissed the said revision.

(3.) Being aggrieved by that impugned order dated 30.10.2018, the applicant has filed this petition under Section 482 of the Cr.P.C. and prayed to set-aside the both impugned order passed by the Courts below and also prays for supardginama of the seized vehicle on the grounds that both the Courts below have gravely erred in rejecting the application filed by the applicant. Applicant is the registered owner of the said vehicle recieved the loan from the finance company. Applicant has to pay the monthly installment of the loan. His vehicle stand in the open field and it would expose with heat, dust and rain. Criminal case is pending, confiscation proceedings should not be held and finalized. The order of both the Courts below completely perverse, unwarranted and illegal, therefore, prays to set-aside the impugned order and provide the vehicle on supardginama to the applicant.