S.H.Vora,J. - (1.)By way of present Revision Application under section 397 read with section 401 of the Code of Criminal Procedure, the applicant has made following prayers in terms of para - 8(A) to 8(C) :-
"8(A) Your Lordship be pleased to quash and set aside the order dated 25.09.2020 passed by the learned 6th Additional District and Sessions Judge, Gondal in Criminal Revision Application No.32 of 2020;

8(B) That pending the hearing and final disposal of the present petition, Your Lordship be pleased to stay the implementation and execution of order dated 25.09.2020 passed by the learned 6th Additional District and Sessions Judge, Gondal in Criminal Revision Application No.32 of 2020;

8(C) Your Lordships be pleased to quash and set aside the order dated 15.10.2020 passed by the Additional District and Sessions Judge, Gondal in Criminal Revision Application No.32 of 2020 and be further pleased to direct the restoration of the custody of the animals to the Panjarapole and be further pleased to direct the refund of the amount of Rs.5,000/- and be further pleased to direct the private respondent to pay the cost of the present proceedings to the petitioner."

(2.)Brief facts leading to filing of present Revision Application can be stated thus :-
2.1 The applicant is registered Panjrapole and is working for the well being of the speechless animals. The applicant Trust is recognized as infirmary by the State of Gujarat through Goseva Ayog, Gandhinagar as per order dated 13.08.2012. The applicant came to know on 28.09.2020, about the impugned order passed on 25.09.2020, when respondent no.2 went to the applicant for taking back possession of 9 buffaloes. The applicant immediately approached the concerned Court and obtained certified copy and preferred present Revision Application inter-alia challenging the order of learned Trial Court passed in exercise of powers under section 451 of the Code of Criminal Procedure.

2.2. On 08.09.2020 one Truck bearing registration No.GJ-1-BY-6188 was intercepted and on inspecting the same, 9 buffaloes were found. They were tightly tied and kept in cruel manner, with no space to move around. On demand, accused was unable to produce pass and permit and thus, failed to produce requisite documents and therefore, the animals were removed from the truck and sent to the applicant trust. Thus, FIR being C.R.No.1121-3015-201-323/2020 came to be lodged with Gondal Police Station.

(3.)Learned advocate for the applicant would submit that the impugned order passed by the learned Sessions Judge is not only erroneous and arbitrary but same is passed without giving any fair opportunity of hearing to the applicant trust, though the applicant had custody of the animals. Learned advocate for the applicant also challenges impugned order in touchstone on various provisions of Prevention of Cruelty to Animals Act and Rules framed thereunder and also under the provisions of Motor Vehicles Act.