RIZWAN Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks the following reliefs, among others:

(2.) Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

(3.) An FIR was lodged against the accused-petitioner under Section 11 (D) of the Animal Cruelty (Prevention) Act, 1960. Three buffalos and two calves were found from the possession of the accused persons, which, on the application made by them, were given in supurdagi of present petitioner. The submission of learned counsel for the petitioner is that the applicant is ready to produce and handover three buffalos before the Police as desired, but, one calf has died and, therefore, he is unable to produce the same (calf) before the Police for interrogation. The Court is of the opinion that the consequence of death of the calf, may be determined by the Investigating Officer during the course of investigation, inasmuch as, the petitioner has come before this Court only for the sake of protection and not for adjudication of the fact that the accused person has committed the offence, as alleged against him, or not? The Court also refrains itself from adjudicating at this juncture as to what is the responsibility of a person who was given supurdagi of the buffalos, that is left open to decide it at an appropriate stage.