MD. JOHUR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State.

(2.) The present application is filed under Sec. 482 of the Code of Criminal Procedure 1973 assailing an order dtd. 4/4/2024 passed by the learned Judicial Magistrate First Class, Hamren, West Karbi Anglong in Petition No. 37/2024 in connection with PRC No. 35/2024 corresponding to G.R. Case No. 29/2024 arising out of Hamren Police Station Case No. 03/2024 registered under Ss. 428 IPC read with Sec. 13 of the Assam Cattle Preservation Act 2021 also read with Sec. 11(1) (a) (d) (e)(h) of the Prevention of Cruelty to Animals Act 1960, whereby and whereunder the learned Magistrate while allowing petition No. 37/2024 filed under Sec. 451 of the Code by the petitioner praying for custody of his Bolero Pick UP vehicle bearing Registration No. AS-31-C-0882 imposed a condition to furnish bank guarantee equivalent to the market value of the vehicle.

(3.) This Court under its Judgment and Order (CAV) dtd. 22/5/2024 passed in Crl.Rev.P./143/2024, laid down the following propositions of law:-