SAHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 06.03.2010 passed by the learned Sessions Judge Yamuna Nagar at Jagadhri, reversing the order dated 27.02.2010 passed by the learned Judicial Magistrate Ist Class, Jagadhri passed in favour of the petitioners by releasing bullocks on superdari.

(2.) NOTICE of motion was issued. Reply has been filed. No FIR was place on record. However, it is evident from the reply and the pleadings that a case vide FIR No. 15 of 2010 under Sections 4-B/8 of the Cow Slaughter Act and Section 11 of the P.A.C. Act was registered against the present petitioners. The allegation, in the present case, was that the petitioners were transporting the bullocks for slaughter. The said animals were being transported from Haryana to Uttar Pradesh for slaughter purposes. The local police also made a report that the bullocks should not be given on superdari as they are likely to slaughter the animals. As per the report dated 11.02.2010 submitted by the Veterinary Surgeon, Jathlana, District Yamuna Nagar, the bullocks were 'NAKARA'. As such, it was clear that the bullocks could not be used for agricultural or other allied purposes except for slaughtering. In view of allegations in the FIR as well as the report dated 11.02.2010 made by the Veterinary Surgeon, Jathlana, District Yamuna Nagar, it would not be proper to release the bullocks on superdari. The release of bullocks on superdari would in fact condone the allegations in the FIR.

(3.) ACCORDINGLY, the present petition is dismissed being devoid of merits. However, nothing said herein shall have any bearing on the merits of the case.