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2021 Supreme(Guj) 1122

GITA GOPI
VASHARAMBHAI GHELABHAI BHUNDIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : TATVDEEP J JANI
For The Respondent: MR PRANAV TRIVEDI, ADDL PUBLIC PROSECUTOR

JUDGMENT :

1. With the consent of learned advocates on both the sides, the matter is heard today finally.

2. By way of this petition under Section 451 read with Section 482 of the Criminal Procedure Code, 1973, the petitioner has prayed to quash and set aside the order dated 01.01.2020 passed by the Court of learned Addl. Chief Judicial Magistrate, Morbi in Muddamal Application below Exhibit-1 filed in connection with the complaint being C.R. No. II – 506 of 2019 registered with Morbi Taluka Police Station under Sections 5, 8 and 10 of the Gujarat Animal Preservation Act, 1954 (for short, “the GAP Act”), Sections 11(1)(a), 11(1)(b), 11(1)(c), 11(1)(e), 11(1)(h) and 11(1)(k) of The Prevention of Cruelty to Animal Act, 1960 (for short, “the PCA Act”), Section 119 of the Gujarat Police Act, Sections 177 & 123 of the Motor Vehicles Act and Sections 8 & 9 of The Carriage By Road Act, as also the order passed by the Court of learned 2nd Addl. Sessions Judge, Morbi in Criminal Revision Application No.12 of 2020 whereby, the said revision was dismissed and the order dated 01.01.2020 came to be confirmed; and to direct release of the muddamal vehicle – Ashok Eicher Pro Truck bearing registrat

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