AVDESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for quashing of impugned order dtd. 27/8/2025 (Annexure P-2) passed by learned JMIC, Palwal vide which an application for releasing the vehicle on Superdari was dismissed in a case FIR No.965, dtd. 26/12/2024, under Ss. 13(2), 17(1) of the Haryana Gauvansh Sanrakshan and Gausamwardhan Act, 2015 (for short, 'the Act'), Sec. 3(5) of BNS, 2023 and Sec. 11 of Prevention of Cruelty of Animals Act, 1960, registered at Police Station Sector 58, District Faridabad and order dtd. 13/10/2025 passed by learned Additional Sessions Judge, Palwal, vide which the criminal revision petition filed by the petitioner was also dismissed.

(2.) It has been submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present FIR. He submits that the petitioner is the registered owner of the vehicle bearing registration No.DL-1-LAF-9801, which has been taken into custody by the police. He submits that the petitioner filed an application before learned ACJM, Palwal for releasing the said vehicle on superdari, however, the same was dismissed vide order dtd. 27/8/2025 on the ground that the Court has no jurisdiction to deal with the question of posssession, delivery, disposal, release of the vehicle. He further submits that the said vehicle is the only source of income of the petitioner to earn his livelihood for his family, which fact has not been appreciated by learned ACJM, Palwal. He further submits that learned Revisional Court has also equally failed to appreciate the same and has illegallay dismissed the revision filed by the petitioner. He has relied upon the judgments Ajhar Husain vs. State of Haryana, in CRM-M-14463-2019, decided on 14/1/2020 and Haseen Ahmed vs. State of Haryana, in CRM-M-221362024 decided on 7/5/2024 and has submitted that the view taken by the learned trial Court is totally against the statutory provisions and the law settled. Thus, it is submitted that the vehicle bearing registration No.DL-1-LAF-9801 be released to the petitioner on superdari.

(3.) Notice of motion.