- (1.) THE writ petition has been filed for quashing the impugned order dated 9.6.2014 passed by Sessions Judge, Muzaffarnagar in Criminal Revision No.152 of 2014 (Mobin vs. State of U.P.) and order dated 2.5.2014 passed by A.C.J.M -II, Muzaffarnagar in Case Crime No.361 of 2014 under Section 3/5A Cow Slaughter Act and 3/11 Prevention of Cruelty to Animals Act, Police Station - Khatauli, District Muzaffarnagar.
(2.) HEARD learned counsel for the petitioner and learned AGA for the State.
(3.) LEARNED counsel for the petitioner contended that the Bulls were purchased from cattle fair Muzaffarnagar and were being carried for sale to district Bijnor, within the State of U.P. and so there was no requirement of permit; that it is wrong to say that the bulls were tide tightly with the rope and were being carried with cruelty in contravention of the provisions of the Prevention of Cruelty to Animals Act or were being carried for slaughtering to the State of Uttarakhand; that the bulls belong to the petitioner and are liable to be released in his favour who is ready to follow any of the conditions, imposed by the Court; that mere preparation of any offence is not punishable and there is nothing to show that the bulls were being carried for slaughtering; that the learned Magistrate acted wrongly in rejecting the application for release of bulls and the learned Sessions Judge, Muzaffarnagar also failed to appreciate the facts of the case and dismissed the revision vide impugned order dated 9.6.2014. He argued that in similar matters, the cattle were released by this Court in favour of its owner in the cases of Mustakeem vs. State of U.P. vide order dated 12.4.1999; Raju Singh vs. State of U.P. vide order dated 25.7.2001 and Enaam vs. State of U.P. vide order dated 12.10.2010.;