KIRESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this present petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity 'the Code'), against the order dated 12/04/2019 passed by the Second Additional Sessions Judge, Khargone, in Criminal Revision No.32/2019, whereby the order dated 19/01/2019 passed by Chief Judicial Magistrate, Khargone in Criminal Case No.405/2019 (RCT No.99/2019) has been dismissed.

(2.) Brief facts of the case are that Mahindra Bolero Pickup vehicle no. MP 10 G 2160 belonging to the present applicant was intercepted & searched and it was found that 8 cow progeny were being transported in the vehicle. FIR bearing crime No.16/2019 was registered at Police Station Khargone, for offence under Section 4, 6, 9, 11 of Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (for brevity 'Adhiniyam, 2004') read with Section 11(d) of Prevention of Cruelty to Animals Act , 1960. After completion of investigation, charge-sheet has been filed.

(3.) During the pendency of the trial the applicant moved an application under Section 451 / 457 of 'the Code' before the trial court for taking interim custody of the vehicle bearing registration No. MP 10 G 2160, which was dismissed vide impugned order dated 19/01/2019 holding that the vehicle is the subject matter of the offence and confiscation proceedings of the vehicle is also pending, therefore, handing over the custody of the vehicle will obstruct the smooth trial and the confiscation proceedings. Being aggrieved by the aforesaid order, the applicant has preferred a revision before the Sessions Judge, Khargone, which was dismissed affirming the order passed by the trial Court. Hence applicant has filed this application under Section 482 of Cr.P.C. before this court.