GO VIGYAN ANUSANDHAN KENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant has questioned order dated 21.2.2011 passed by the Adhoc Sessions Judge-1, Nagpur in Criminal Revision No. 713 of 2010 whereby the revision was allowed and the revisional court set aside order dated 24.12.2010 passed by the Judicial Magistrate, FC, Kamptee in Misc. Cri. Application No. 154 of 2010 and restored the order dated 16.12.2010 passed by the learned Magistrate in Misc. Criminal Application no. 150 of 2010.

(2.) Applicant Society claims that its aim and object is to monitor and to take care of the animals with utmost love and affection and provide accommodation, fodder, water along with health protection and treatment by veterinary doctors.

(3.) On 12.12.2010 a truck bearing registration No. CG-04/DC-8904 met with an accident near village Ajani and in that accident one lady by name Smt Padma Tekam died. The truck had also turned turtle. It was accosted on the spot and 14 cattle were found in the said truck. During inspection, it was noticed that two cattle had died and remaining 12 cattle were seriously injured. On the basis of complaint lodged by Timaji Khandate, father of deceased Padma, police registered offences punishable under Sections 279, 429, 304A of the Indian Penal Code read with Section 11 (d) of the Prevention of Cruelty to Animals Act and Sections 5 and 6 of the Protection of Animals Act; vide Crime No. 241/2010. During the course of investigation, the investigating agency found that the animals were being transported illegally for the purpose of slaughtering and, therefore, the animals were deposited in the cattle pond of Gram Panchayat, Ajani.