- (1.) I. M. Quddusi, J. The above men tioned writ petition and Criminal Revisions involving common question relating to the order of learned Judicial Magistrate rejecting the applications for release of cattle in cases under Sections 3/5a/8 of Prevention of Cow Slaughter Act, 307/41,411ipc and Section 11 of the Cruelty to Animals Act.
(2.) CRIMINAL Revision No. 1519 of 1998 has been filed against the judgment and order dated 12-6-1998 passed by 3rd Addl. Sessions Judge, Deoria releasing the cattle on certain conditions. I have heard learned counsel for the petitioner, learned counsel for Revisionists and Sri A. B. Saran, learned Senior Counsel appearing on behalf of Gaushala and learned A. G. A. for the State. Sri A. B. Saran argued that all the cattle should be handed over to Gaushala. These cattle were taken into custody by the police after registering cases against the persons under whose custody, these cattle were found. The date of incident, case crime No. and PS. and the criminal case No. showing the date of impugned orders are given below:____________________ Date of in- Case PS. Crl. cident: Crime No. : Case No. Date of im pugned order 7-10-1997/97 Titavi, 1-12-97 and Muzaffar- -6-1998 nagar 2-3-1998 /98 Campier- /9818-4- ganj, 1998 Gorakhpur 20-7-1998/98 Salempur, -7-1998 Deoria 30-6-1998/98 Pipiganj, -7-1998 Gorakhpur 2-8-1998 /98 Taryasujan,-8-1998 Kushinagar. 2-6-1998 536/98 198/98 22-7-1998 120/98 29-6-1998 226/98 22-7-1998 178/98 20-6-1998 226/98 26/98 Kasiya, 3-8-1998 Kushinagar. Tariyasujan, 27-8-1998 Kushinagar Ahraula, 17-8-1998 Azamgarh Gauri 7-8-1998 Bazar, Deoria Ahraula, 17-8-1998 Azamgarh Gaiiri 7-8-1998 Bazar Bankata, 12-6-1998 Deoria In the aforesaid cases, the cattle were taken into custody by the concerned police. They were challenged under Sec tions 3/5 A/8, Prevention of Cow Slaughter Act and Section 11 of Cruelty to Animals Act. From a perusal of the above Chart, it appears that the incidents have taken place in the months of June, July, August 1998 and October, 1997 and since then these cattle are under the custody of police. However, the aforesaid cattle have been given in Supurdagi of Gaushala or any other Society. A preliminary objec tion has been raised by Sri A. B. Saran, learned counsel appearing on behalf of Gaushala that the Proprietor of Gaushala has no locus standi in the matter and Supurdagi has been given by order of the Court, therefore, they cannot claim any right. It has also been submitted that earlier, against the order of release of cattle by this Court, special leave petition was filed which has been dismissed by Hon'ble Supreme Court.
(3.) SRI A. B. Saran as well as learned A. G. A. have not denied this fact that Spe cial Leave Petition has been dismissed by Hon'ble Supreme Court. However, adjournments were sought earlier by learned A. G. A. on the ground that similar controversy was pending before Hon'ble Supreme Court in Special Leave Petition as mentioned in the order sheet dated 25-8-1998 of Criminal Revision No. 173/98 (Sudersan and others v. State ). Even after the dismissal of the Spe cial Leave Petition by Hon'ble Supreme Court, Sri A. B. Saran and learned A. G. A. argued the case and submitted that it is the right of the Proprietor of Gaushala that no cattle should be dealt with cruelty, special ly when the ownership of the cattle is not proved and as such, the proprietor of Gaushala has every right to keep the animals in Gaushala.;