- (1.) These applications are being disposed of by common judgment as the issues involved in these applications are identical.
(2.) These applications are filed challenging judgment and order dated 16.01.2009 passed by Sessions Judge, Bhandara in Criminal Revision Nos.85 to 88 of 2008. The applicant prayed in these applications that order dated 11.09.2008 passed by Judicial Magistrate First Class, Pauni in Misc. Criminal Application Nos.91 and 92 of 2008 may be restored.
(3.) Background facts of the case in brief are as under: The applicant herein, is the member of a public Trust known as Peoples for Animals (Society), Vidarbha Region, Nagpur, Registration No.MH.978/2000 and the said Trust is dedicated for welfare of animals and is engaged in taking care and protection of animals. The aforesaid Trust is also registered with Animal Welfare Board of India, Chennai. On 29.08.2008, Adyal Police Station has accosted 4 trucks and in the said trucks in all 92 cattle were found to be illegally transported. Police found that the said trucks were loaded with cattle/animals standing and drivers had run away. Therefore, report was lodged vide Crime No. 38/2008 and offence under Section 5, 6, 7 and 11 of the Maharashtra Animal Preservation Act, 1976 and Section ll(l)(a) of the Prevention of Cruelty to Animals Act, 1960 was registered. Thereafter, on the statement of one driver by name Salim Khan, it was found and transpired that all the animals were being taken to Nagpur for slaughtering purposes. Thereafter, non applicant nos.2 herein filed applications vide Misc. Criminal Application Nos. 91 and 92 of 2008 for releasing cattle on suprutnama in their favour before Judicial Magistrate First Class, Pauni. The present applicant had also filed application for getting animals on suprutnama in favour of his Trust by filing Misc. Criminal Application No.94/2008.;