RAJENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity 'The Code'), against the order dated 24/04/2019 passed by Additional Sessions Judge, Bhanpura, District Mandsaur, in Criminal Revision No.18/2019, whereby the revision petition of applicant has been dismissed by affirming the order dated 18/01/2019 passed by Judicial Magistrate First Class, Bhanpura, District Mandsaur in Crime No.8/2019, wherein the application filed by the applicant under Section 451/457 of Cr.P.C. for getting supurdginama of the Tata Truck LPT bearing Registration No.RJ 14 GC 6591, Chasis No. 444026 JSZ 133112 and Engine No.69 TTC 57 JSZ 143251 has been rejected.

(2.) Brief facts of the case are that Tata Truck bearing Registration No.RJ 14 GC 6591 belonging to the present applicant was intercepted and on searching it was found that 29 cow progeny were being transported in the vehicle in a cruel manner. Driver and cleaner of the vehicle were arrested and crime No.08/2019 was registered at Police Station Gandhi Sagar, District Mandsaur for offence under Sections 4,6,9 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (for brevity 'Adhiniyam, 2004') read with Sections 4,6,10,11 of The Madhya Pradesh Agricultural Cattle Preservation Act, 1959 and Section 11(D) of The Prevention of Cruelty to Animals Act, 1960 (for short 'the Act, 1960'). During investigation it became known from R.T.O office, that the alleged vehicle belonged to the present applicant. On enquiry it was found that on 18/07/2017 the present applicant has transferred the vehicle executing the power of attorney in favour of Nisar Mohammad. After completion of investigation, charge-sheet has been filed before the Judicial Magistrate First Class, Bhanpura, District Mandsaur and the trial commenced.

(3.) During the pendency of the trial the applicant moved an application through Nisar Mohammad under Section 451/457 of 'the Code' before the trial Court for taking interim custody of the vehicle bearing registration No.RJ 14 GC 6591, which was dismissed by impugned order dated 18/01/2019 holding that the vehicle is the subject matter of the offence, confiscation proceeding is pending before the District Magistrate, therefore, handing over the custody of the vehicle will obstruct the smooth trial. Being aggrieved by the aforesaid order, the applicant has preferred the revision petition before the Additional Sessions Judge, Bhanpura, District Mandsaur, found that the District Magistrate has already passed the order of confiscation of the vehicle under question vide order dated 22/03/2019 and hence disposed of the revision petition by granting liberty to the applicant to challenge the aforesaid order before the appropriate authority. Being aggrieved by the aforesaid order, the applicant has preferred this application under Section 482 of Cr.P.C. before this court for quashment of the impugned orders passed by the Courts below.