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KISHORE C. SANT
Govansh Raksha Samiti Goshala, Malegaon – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule returnable forthwith by consent of the parties.
2. This petition is filed by Govansh Raksha Samaiti and Guru Ganesh Mishri Gopalan Seva Sangh through their authorized signatories. The challenge is to an order passed by the learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad in Criminal Revision Application No. 10 of 2022, dismissing the Criminal Revision Application. A common order passed in Criminal M.A. Nos. 332, 336, 343, 349, 350, 357 of 2022 by the learned JMFC, Vaijapur was under challenge. The learned JMFC by his order had allowed the applications of the owners i.e. Cri.M.A. Nos. 332, 336, 343, 350 and 357 of 2022 directing to give interim custody of the cows and other cattles to the owners on executing Supurtnama. Cri.M.A. No.349 of 2022 filed by the petitioner came to be rejected seeking to retain custody.
3. The facts in short are that one FIR came to be lodged by API, Vaijapur Police Station bearing No.282 dated 09.07.2022 for the offence punishable under sections 5(qa), 11(1)(e) and 11 (1)(h) of the Prevention of Cruelty to Animals Act, 1960 (for short “The Cruelty Act”). It is alleged that at 07.30 p.m. on 08.07.2022 he received secret i
The main legal point established in the judgment is that the accused, prima facie guilty of causing cruelty to the animals, was not entitled to interim custody of the seized cattle.
Ownership of animals does not guarantee custody if the owner fails to comply with legal requirements for their transport and care, as established under the Prevention of Cruelty to Animals Act and re....
Section 11(1)(a) provides that:-If any person beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes....
Custody of animals under the PCA Act must prioritize their welfare, and ownership must be substantiated to prevent further cruelty; interim custody cannot be granted based on forged ownership documen....
Vehicle owners are liable for maintenance charges of animals during custody, and interim custody can be granted under specific conditions to prevent deterioration of vehicle value.
Section 35 of the Act provides that for proper care and treatment of animals in respect of which offences under this Act have been committed, such animal can be kept in pinjrapole with a direction th....
Point of Law : Section 451 Cr.P.C. it appears that unless owner of the animal in respect of which he is facing prosecution, is deprived of the custody (which can be done only on his conviction under ....
In all common law jurisdictions, judgments play a vital role in setting up precedents for the future. Therefore, for development of law, requirement of giving reasons for the decision is of the essen....
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