- (1.) The revisionist Mahendra Prasad Ram has made the following prayers: - ".....to allow this revision and may graciously be pleased to set aside the judgment/ order dated 30.7.2013 passed by the revisional court Special Judge (E.C. Act)/ Additional Session Judge, Allahabad in Criminal Revision No. 48 of 2013, State of U.P. vs. Mahendra Prasad Ram in Case Crime No. 175/2012 under Sections 9/49(1) A/ 49(II)51/52 of The Wild Life (Protection) Act, 1972, under Sections 429/379/411/120B I.P.C., under Section 10/15 Animal Cruelty Act and under Section 52 of Indian Forest Act, 1927, Police Station - Attarsuiya, District - Allahabad. It is further prayed that this Hon'ble Court may be pleased to direct the respondent nos.2 and 3 to release the said Vehicle Tata Indigo No. U.P.64 R -1963 in favour of the registered owner Mahendra Prasad Ram in compliance of release order dated 9.1.2013 and 21.1.2013 passed by Additional Chief Judicial Magistrate, Court No.10, Allahabad in Case Crime No. 175 of 2012, Police Station - Attarsuiya, District - Allahabad."
(2.) The matrix of the facts in narrow compass are as follows: - "On 14.12.2012 at about 12:10 p.m., Sub -Inspector Rakesh Kumar Tiwari, Out Post - Meerapur, Police Station - Attarsuiya, District - Allahabad along with his police team intercepted the car No. U.P.64 R -1963 (Tata Indigo) and recovered two full size skins of Leopard or Panther near Gol Park, Attarsuiya, District - Allahabad. On interrogation, it was found that the name of car driver was Mahboob S/o Saleem R/o Gurai, Chaska Tola, Police Station - Robersganj, Sonbhadra. Two other persons travelling on vehicle fled away. Car driver revealed his name and informed that they have come to sell the skin of Leopard or Panther from Sonbhadra. The case was registered under Sections 9/49(1) A/ 49(II) 51/52 of The Wild Life (Protection) Act, 1972 and under Section 429 I.P.C. Car driver/ accused person Mahboob was arrested. The skin of the Leopard was sealed separately and a separate report was sent to the Range Forest Officer, (City), Allahabad. Later on, applicant Mahendra Prasad Ram moved an application for release of the aforesaid vehicle Registration No. U.P.64 R -1963 in Case Crime No. 175 of 2012 under Section 429 I.P.C. and under Sections 9/49(1) A/ 49(II) 51/52 of The Wild Life (Protection) Act, 1972. The release application was allowed vide order dated 9.1.2013 by the Court of learned A.C.J.M., Court No.10, Allahabad."
(3.) Aggrieved by this order dated 9.1.2013 (supra) of the learned A.C.J.M., Court No.10, Allahabad, State of U.P., the revisionist preferred criminal revision before the learned Sessions Judge, Allahabad which was admitted on 28.1.2013 and operation of the impugned order dated 9.1.2013 passed by learned A.C.J.M., Court No.10, Allahabad in Case No. Nil of 2012 in Case Crime No.175 of 2012, by which release application of opposite party has been allowed by the court below, it was ordered by the learned Sessions Judge, Allahabad "Operation of the impugned order shall remain stayed, if not already executed." This criminal revision No.48 of 2013 (State of U.P. vs. Mahendra Prasad Ram) was finally decided by the learned Special Judge (E.C. Act) Additional Sessions Judge, Allahabad by it's order dated 30.7.2013 by which the criminal revision was allowed and impugned order dated 9.1.2013 passed by the learned A.C.J.M., Court No.10, Allahabad in release application No. Nil of 2012 State of U.P. vs. Mahendra Prasad Ram was set -aside. Learned counsel for the revisionist has relied upon the following rulings: - "State of West Bengal vs. Sujit Kumar Rana LAWS (SC) -2004 -1 -110 State of M.P. vs. Madhukar Rao LAWS (SC) -2008 -1 -66 Ravi Pratap Singh vs. State of U.P. and another - Criminal Misc. Writ Petition No. 2191 of 2007 (2007) RD -AH 3208 (26 February 2007)" ;