RAHIMBHAI HAJIBHAI PARMAR Vs. STATE OF GUJARAT
LAWS(GJH)-2020-6-226
HIGH COURT OF GUJARAT
Decided on June 12,2020

Rahimbhai Hajibhai Parmar Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) This application under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred seeking following relief/s: (A) YOUR LORDSHIP may be pleased to admit and allow this petition. (K) YOUR LORDSHIP may be pleased to issue a writ, order or direction in the nature of Certiorari by quashing and setting aside the order passed by the Ld. Dhrol Judicial Magistrate First Class, Dhrol dated 22.02.2019 in connection with Criminal Misc. Application No.89 of 2018 Dhrol Police Station, CR II-40 of 2018 order passed below Exh.1. (KK)YOUR LORDSHIP MAY PLEASED TO quash and set aside the order passed in Criminal Revision Application No.36 of 2019 by the Ld. Sessions Judge, Jamnagar dated 15.04.2019. (L) Pending this petition YOUR LORDSHIP may be pleased to issue a writ, order or direction by staying the further operation, implementation and execution of the order passed by the Ld. Dhrol Judicial Magistrate First Class, Dhrol dated 22.02.2019 in connection with Criminal Misc. Application No.89 of 2018 Dhrol Police Station, CR II-40 of 2018 order passed below Exh.1. (M) Any other and further relief/s as deemed just and proper looking to the facts of this case may kindly be granted in favour of the petitioner in the interest of justice."
(2.) It is the case of the petitioner that he is the owner of the vehicle being Truck (Tata Motors Ltd.) bearing Registration No.GJ-18-T-9107 and it is duly registered with the transport department of the Government. He had preferred an application for the release of the vehicle in question, which came to be disposed of by the learned JMFC, Dhrol vide order dated 22.02.2019.
(3.) The case of the prosecution is that on 18.08.2018, while the police personnels were on patrolling, they received a secret information of the vehicle in question carrying animals and when police authorities intercepted the same, on carrying out the search of the said vehicle, its driver was found carrying animals without any pass or permit. Therefore, FIR being C.R. No.II-40 of 2018 came to be lodged with Dhrol Police Station, District Jamnagar for the offence under the provisions of the Gujarat Animal Preservation (Amendment) Act of 2011, Prevention of Cruelty to Animals Act , 1960 and Gujarat Police Act.;


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