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1989 Supreme(MP) 74

K.L.SHRIVASTAVA
GO BHACHAV SAMITTEE, NALKHEDA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
SAMVATSAR, SWAMI DAYAL

K. L. SHRIVASTAVA, J.

( 1 ) THIS revision petition by the Go Bachav Samittee, Nalkheda, District Rajgarh is directed against the order dt. 2-11-1988 passed by the IInd Additional Sessions Judge, Shajapur in Criminal Revision No. 120 of 1988 whereby reversing the order passed by the Magistrate under S. 451 of the Criminal Procedure Code, 1973 (for short 'the Code' ). Interim custody of the cattle in question has been ordered to be given to the non-applicant Babukhan.

( 2 ) CIRCUMSTANCES giving rise to the revision petition are these. According to the prosecution the cattle including cows which are all claimed by the non-applicant Babukhan as his own, were being taken to Sarangpur, District Rajgarh for being slaughtered there and were seized by the police. The cattle in question are 'agricultural cattle' as defined in S. 2 (1) of the M. P. Agricultural Cattle Preservation Act, 1959 (for short 'the Act') read with the Schedule according to which 5 categories of cattle are designated agricultural cattle. According to the prosecution the offence committed are under S. 4 (1) (a) and S. 7 of the Act punishable respectively under Ss. 10 and 11 ibid. It may be pointed out that the Act has be











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