- (1.) Eight trucks loaded with calves from Kosi Kalan district Mathura and one truck similarly loaded from Kanpur were proceeding towards Bihar and on 12-12-95 when a Police Party headed by S. I Shiv Murti Singh was informed that they were loaded mercilessly and cruelly in those trucks without proper documents. He intercepted them at about 9.00 p.m. within jurisdiction of his Police Station, namely, Akbarpur district Faizabad (Ambedkar) They were coming on a high speed and when the police party signalled them to stop, they tried to run away by increasing the speed but incidently railway crossing ahead was found closed and motor trucks had to stop there which were seized by the chasing Police party. It was found that those trucks were loaded with 44, 44, 42, 42, 34, 27, 27, 29 and 27 calves, respectively, in all 325 calves. On checking it was found that the trucks neither had proper documents of their registration etc. nor there was any certificate or licence or any medical certificate that these calves were fit to be slaughtered. They were found mercilessly and cruelly stacked almost like goods in the said trucks. Accordingly, the Police party seized the said trucks and the calves and a Case Crime No. 514 of 1995 u/S. 11 (d) of U. P. Prevention of Cruelty to Animals Act, 1960 Section 7 of Criminal Law Amendment Act and 3/8 U. P. Prevention of Cow Slaughter Act.
(2.) Sri Bal Gangadhar Tripathi who is petitioner No. 1before me, although an Advocate by profession based at Faizabad but is engaged in advancement of prevention of cruelty to animals. With the same mission Petitioner No. 2 Bhola Nath is working at Faizabad. They have set up an Organization known by the name of "Go Vansh Evam Go Sanrakshana Sanvardhan Parishad." These calves were given in the supurdgi of Petitioner No. 1. The case is still under investigation. Some of the persons were owners of the trucks as well as calves loaded therein and in some cases owners of the trucks and the calves were different persons. All of them applied before learned Magistrate for release of the trucks as well as of the calves. Both the petitioners requested the learned Magistrate to give them opportunity of hearing which was granted. After hearing the applicants and the petitioners, the learned Magistrate rejected the release applications. Thereafter, those owners filed revisions before learned Sessions Judge which are pending. In those revisions, the two petitioners applied for an opportunity of hearing but the same has been rejected by him by means of the impugned order dated 10-1-96. Now, the petitioners in keeping with their mission have approached this Court u/S. 482 Cr. P.C. by filing this petition.
(3.) A perusal of the order of learned I Addl. Sessions Judge, Faizabad shows that he held that under Section 301 Cr. P.C. the persons who are neither complainants nor accused before the Court, have any right of hearing and in any case since neither any inquiry, trial or appeal was pending, the petitioners could not be heard. He also observed that in criminal cases it is the Government which has to protect rights of the citizens and for the purposes of criminal machinery since the Government has appointed Public Prosecutors, it was not necessary to hear the petitioners.;