RAMESH CHANDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this petition under Section 482 CrPC, the petitioner, being a social worker, has approached this court for challenging the order dated 06.05.2013 passed by learned Sessions Judge, Pratapgarh in revision filed by the respondent Ayub Bhai, whereby the revisional court accepted the revision; set aside the order dated 10.04.2013 passed by learned Chief Judicial Magistrate, Pratapgarh rejecting the application submitted on behalf of the respondent No.2 under Section 457 CrPC and directed that the offending truck bearing No.GJ-20-U-4034, of which the respondent No.2 is registered owner and which was used for transportation of buffaloes in a cruel manner in violation of the provisions of Section 11(1)D of the Prevention of Cruelty to Animals Act was set aside and the truck was directed to be released on Supurdginama to the respondent No.2.

(2.) Mr. Singh, learned counsel for the petitioner, has drawn the court's attention to the para No.5 of the learned CJM's order, wherein it is categorically recorded that the same vehicle had been used in identical offence at the Police Station Khamera, District Banswara and it was released on Supurdignama upon furnishing an undertaking that the vehicle will not be reused for transportation of cattle in future. The vehicle was released in that FIR on 08.03.2013 and soon thereafter on 10.04.2013, i.e. within a period of one month, it was again used for plying buffaloes in a cruel manner. Numerous of the animals were found in injured condition.

(3.) Mr. Nayak, learned counse for the respondent No.2, vehemently opposed the submissions advanced by Mr. Singh and urged that the revisional court has assigned proper reasons for accepting the revision and directing that the vehicle shall be handed over on Supurdignama to the respondent. He submits that the respondent is having possession of the vehicle for last four years and thus, it would be gross abuse of process of law, if he is forced to return the same at this belated stage. He further contends that the vehicle will rot away, if allowed to remain in idle condition. On these grounds, he prayed that the miscellaneous petition should be dismissed.