BHAJAN LAL Vs. KRISHAN

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. seeking quashing of the impugned order dated 18th May, 2010, passed by Sessions Judge, Rohtak, whereby order dated 7th May, 2010, passed by Judicial Magistrate Ist Class, Rohtak, granting Superdari of oxes to the petitioners was reversed.

(2.) Learned counsel for the petitioners has argued that order passed by the Sessions Judge is totally unsustainable. According to learned counsel, since the accused had been booked only under Prevention of Cruelty to Animals Act, 1960 and not under (Punjab) Prohibition of Cow Slaughter Act, 1955, they are entitled to have the oxes on Superdari. According to him, Sessions Judge has committed a grave error in directing that the oxes be retained in the Gaushala during pendency of trial.

(3.) I have heard learned counsel for the petitioners and given careful thought to the facts of the case.