SOLEMAN KHAN Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) None appeared for the petitioner on call. I have heard Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State.

(2.) Challenge in this revision petition is to the order dated 13.04.2009 passed by the learned Sessions Judge, Dhubri in Criminal Revision No. 22(1)/2009.

(3.) Police seized 16 numbers of buffalo, 12 numbers of bulls and 12 numbers of goats along with the challans, medical and other relevant documents pertaining to the said cattle in connection with GD entry No. 174 dated 06.11.2008 and had given in custody of the petitioner, from whose possession the cattle were seized. Subsequently, the petitioner filed an application before the learned Chief Judicial Magistrate, Dhubri for releasing the seized cattle claiming that he was the owner of the cattle. Upon such application of the petitioner, learned CJM called for a report from the officer-in-charge of the concerned police station. Pursuant to the above order of the learned CJM, police submitted a report. On 25.11.2008, learned CJM passed an order releasing the said seized cattle in favour of the petitioner. The police was also directed by the said order to submit a report apprising the court whether any FIR was lodged in respect of the seized cattle and in the event of lodging any FIR, alleging commission of any offence in respect of the said cattle, the police was further directed to give custody of the said cattle to a third party. Thereafter, on 02.12.2008, police submitted a report stating that no FIR was lodged in respect of seized cattle and on the basis of said report, learned CJM disposed of the matter finally.