NARAD JOSHI Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-21
HIGH COURT OF UTTARAKHAND
Decided on November 18,2013

Narad Joshi Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) SINCE the above applications under Section 482 Cr.P.C. and criminal revision arise out of the same subject matter, therefore, they are being decided by this common judgment and order.
(2.) AN F.I.R. was lodged by S.I. Shri Manohar Singh Pangti, Police Station Kichha against 3 unknown persons on 17.05.2010, which was registered as case crime No. 83/2010 under Section 3/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 11(d) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 IPC. After the investigation, a chargesheet was submitted against Saleem, Bilal and Rehaan for the selfsame offences. Accused persons Saleem and Bilal moved two separate applications before learned Judicial Magistrate, Udham Singh Nagar for release of 46 oxen. The same was objected to by the prosecution on the grounds, inter alia, that the said animals (cattle) were given in superdagi of Golok Dham, Kanakpur, District Udham Singh Nagar and were under the treatment of veterinary officer. The animals were recovered from the accused persons, who were carrying them in a truck. Charges for the offences punishable under the Uttarakhand Protection of Cow Progeny Act 2007 and Prevention of Cruelty to Animals Act 1960 alongwith Section 429 IPC were levelled against them. Learned Judicial Magistrate, vide orders dated 05.06.2010 and 26.06.2010, rejected the applications for release of cattle in favour of accused Saleem and Bilal (respondent No. 2 herein).
(3.) FEELING aggrieved against the same, two separate criminal revisions No. 127/2010 and 143/2010 were preferred by the accused persons. Both criminal revisions were allowed by the revisional court, vide judgments and orders dated 17.06.2010 and 28.06.2010 passed in criminal revisions No. 127/2010 and 143/2010 respectively. The orders passed by learned Magistrate were set aside by the revisional court and the animals (cattle) were directed to be released in favour of accused -respondent on furnishing a personal bond and an undertaking that the same (animals) will be produced by the accused persons before the court, as and when required. A direction was also given that the cattle will not be transferred to anyone else.;


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