ZAIKAM Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) This Criminal Misc. Petition under Sec. 482 Crimial P.C. has been filed by the petitioner against the order dated 1.10.2013 passed by the Sessions Judge, Pratapgarh in Criminal Revision Petition No. 52/2014 (hereinafter referred to as 'the Revisional Court') whereby the revision petition filed by the petitioner has been dismissed. The petitioner has also challenged the order dated 29.8.2013 passed by the Additional Chief Judicial Magistrate Chhoti Sadari (hereinafter referred to as 'the Trial Court') whereby the application filed by the petitioner under Sec. 457 Crimial P.C. for releasing the cattle (buffaloes) on supardaginama has been dismissed.

(2.) Brief facts of the case are that on 24.8.2013 a truck No. RJ 2GA 2198 was intercepted by ASI Ganpat Singh of Police Station Chhoti Sadari at about 3.05 A.M. and during the search, it was found that 17 buffaloes were tied in the said truck and out of them many buffaloes were injured and one was found dead. An I F.I.R. for the offence punishable under Sec. 429 I.P.C. read with Sec. 11(1)(4)(6) of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred to as 'the Act of I960') has been registered against the petitioner.

(3.) The petitioner as well as the respondent No. 2 filed applications under Sec. 457 Crimial P.C. for releasing the 17 buffaloes on supardaginama. The learned Trial Court after hearing the petitioner as well as the respondent No. 2 has dismissed the application filed by the petitioner and has refused to give the custody of the seized cattle to the petitioner on supardaginama vide order dated 29.8.2013.