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2013 Supreme(UK) 634

U.C.DHYANI
Narad Joshi – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Lalit Sharma, Advocate for the applicant in C-482 nos.622/2010 & 587/2010
Mr. B. M. Pingal, Advocate for the accused-respondents (Saleem and Bilal)
Mr. Sudhir Kumar Chaudhary, Addl. G.A. with Mr. Suhail Ahmad Siddiqui, AGA and Mr. Asif Ali, Brief Holder for State of Uttarakhand

JUDGMENT :

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











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