JUDGMENT

J.M. Panchal, J. —

Leave granted.

2. This appeal, by special leave, is directed against judgment dated December 30, 2008, rendered by the learned Single Judge of High Court of Gujarat at Ahmedabad in ‘Special Criminal Application No. 1387 of 2008 by which; while dealing with two prayers made by the respondent No. 1 to 6 herein, namely, (a) to declare that the order dated July 5, 2008, passed by the learned Additional Chief Judicial Magistrate, Deesa, refusing to hand over custody of the live stock to them is illegal and (b) to declare that they are entitled to get custody of the entire live stock, which is in illegal custody of Bharat Kothari, i.e., appellant No. 1 herein and confined in the Panjarapole at Kanth, near Deesa, the learned Single Judge has : -

i) held that each of the respondent Nos. 1 to 6 are guilty under Section 11 (1)(d) of the Prevention of Cruelty to Animals Act, 1960 and punished each of them with fine of Rs.50/-;

ii) quashed the FIR No. II-C.R.No. 3131 of 2008, registered with Deesa City Police Station for the alleged commission of offences punishable under Section 279 of Indian Penal Code, Section 11 (1)(d) of the Prevention of Cruelty to Animals Ac