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HIGH COURT OF UTTARAKHAND AT NAINITAL
U. C. Dhyani, J.
Narad Joshi & Ors. - Applicant
Versus
State of Uttarakhand and another - Respondents
Criminal Misc. Application (C-482) No.622 & 587 of 2010 and Criminal Revision No.162 of 2010
Decided On : 18th November, 2013
Cattle - Release of Seized Cattle - Uttarakhand Protection of Cow Progeny Act, 2007, Prevention of Cruelty to Animals Act, 1960, Section 429 IPC
Fact of the Case:
An F.I.R. was lodged against unknown persons for offenses under the Uttarakhand Protection of Cow Progeny Act, 2007, Prevention of Cruelty to Animals Act, 1960, and Section 429 IPC. The accused applied for release of seized cattle, which was initially rejected by the Judicial Magistrate but later allowed by the revisional court.
Finding of the Court:
The court found that the accused were not entitled to the interim custody of seized cattle, and the orders passed by the revisional court were contrary to the law laid down by the Hon’ble Apex Court in a similar case. Therefore, the orders of the revisional court were set aside, and the orders of the Judicial Magistrate were affirmed.
Issues: The main issue was whether the accused were entitled to the interim custody of seized cattle under the relevant acts and sections.
Ratio Decidendi: The court relied on the precedent set by the Hon’ble Apex Court in a similar case and concluded that the accused were not entitled to the interim custody of seized cattle.
Final Decision: The orders passed by the revisional court were set aside, and the orders of the Judicial Magistrate were affirmed. The criminal revision preferred by the State of Uttarakhand was allowed, and the applications under Section 482 Cr. P.C. were disposed of accordingly.
U. C. Dhyani, J.
1. Since the above applications under Section 482 Cr. P.C. and criminal revision arise out of the same subject matter, therefore, they are being decided by this common judgment and order.
2. An F.I.R. was lodged by S.I. Shri Manohar Singh Pangti, Police Station Kichha against 3 unknown persons on 17.05.2010, which was registered as case crime no.83/2010 under Section 3/11(1) of the Uttarakhand Protection of Cow Progeny Act, 2007, Section 11(d) of the Prevention of Cruelty to Animals Act, 1960 and Section 429 IPC. After the investigation, a chargesheet was submitted against Saleem, Bilal and Rehaan for the selfsame offences.
3. Accused persons Saleem and Bilal moved two separate applications before learned Judicial Magistrate, Udham Singh Nagar for release of 46 oxen. The same was objected to by the prosecution on the grounds, inter alia, that the said animals (cattle) were given in superdagi of Golok Dham, Kanakpur, District Udham Singh Nagar and were under the treatment of veterinary officer. The animals were recovered from the accused persons, who were carrying them in a truck. Charges for the offences punishable under the Uttarakhand Protection of Cow Progeny Act 2007 and Prevention of Cruelty to Animals Act 1960 alongwith Section 429 IPC were leveled against them. Learned Judicial Magistrate, vide orders dated 05.06.2010 and 26.06.2010, rejected the applications for release of cattle in favour of accused Saleem and Bilal (respondent no.2 herein).
4. Feeling aggrieved against the same, two separate criminal revisions no.127/2010 and 143/2010 were preferred by the accused persons. Both criminal revisions were allowed by the revisional court, vide judgments and orders dated 17.06.2010 and 28.06.2010 passed in criminal revisions no.127/2010 and 143/2010 respectively. The orders passed by learned Magistrate were set aside by the revisional court and the animals (cattle) were directed to be released in favour of accused-respondent on furnishing a personal bond and an undertaking that the same (animals) will be produced by the accused persons before the court, as and when required. A direction was also given that the cattle will not be transferred to anyone else.
5. Aggrieved against the judgments and orders dated 17.06.2010 and 28.06.2010 passed in criminal revisions no.127/2010 and 143/2010 respectively, two separate applications under Section 482 Cr. P.C. were filed by the applicant, who is the manager of Golok Dham, Kanakpur, District Udham Singh Nagar. A criminal revision was filed by the State of Uttarakhand against judgment and order dated 28.06.2010 passed in criminal revision no.143/2010. When the applications under Section 482 Cr. P.C. alongwith criminal revision were preferred, this Court, vide orders dated 06.07.2010 and 02.07.2010 directed, as an interim measure, that if the cattle are not already released in favour of the respondent no.2, the operation of the impugned judgments and orders dated 17.06.2010 and 28.06.2010 passed in criminal revisions no.127/2010 and 143/2010 respectively shall remain stayed, until further orders of this Court.
6. The judgment rendered by Hon’ble Madhya Pradesh High Court in Secretary, Gopal Goshala Jhonkar vs. Ramesh and others reported in 2009 (4) MPHT 182 decided on 28.11.2008 is placed before this Court. The judgment rendered by Hon’ble Andhra Pradesh High Court in Mohd. Moinuddin vs. State of Andhra Pradesh delivered on 07.07.2010 passed in Criminal Revision Case no.1181 of 2010 is also placed before this Court by learned State counsel and learned counsel for applicant. Both the judgments referred to above placed reliance upon the unreported judgment of Hon’ble Apex Court in State of Uttar Pradesh vs. Mustakeem and others in Criminal Appeal no.283-287 of 2002, decided on 22.02.2002, wherein the Hon’ble Apex Court held as follows:-
“The State of Uttar Pradesh is in appeal against the direction of the Court directing release of the animals in favour of th
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