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2013 Supreme(MP) 1014

J.K.MAHESHWARI
Raees – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Shahid Sheikh, Advocate in Misc. Criminal Case No. 1102/2013 and Mr. Anil Malviya, Advocate in Misc. Criminal Case No. 4938/2013
For Respondents/Defendant:Mr. C.R. Karnik, Govt. Advocate in Misc. Criminal Case No. 1102/2013 and Mr. C.R. Karnik, Govt. Advocate in Misc. Criminal Case No. 4938/2013

JUDGMENT

J.K. Maheshwari, J.

1. Both these petitions are arising out of the orders passed by the Judicial Magistrate First Class, rejecting the applications under Section 451, Cr.P.C. refusing the interim custody of the vehicles used for an offence registered under Sections 4, 5,6 and 9 of the Madhya Pradesh Govansh Vadh Pratishedh Adhiniyam, 2004 (hereinafter it referred "the Adhiniyam, 2004") and Section 11-D of the Prevention of Cruelty to Animals Act, 1960 while transporting the alleged cattle, cow-progeny and beef. The orders passed by the Revisional Court affirming such order has also been assailed invoking the jurisdiction under Section 482, Cr.P.C. by filing both these petitions. On perusal of the orders passed by the two Courts it is apparent, that in Misc. Criminal Case No. 4938/2013 interim custody of the vehicle bearing No. MP-09-GF-4269 was refused; while in Misc. Criminal Case No. 1102/2013 interim custody of vehicle bearing registration No. MP-41-GA-0685 was refused. The Courts below have rejected the application merely on account of receiving the initiation of pendency of confiscation proceeding before the District Magistrate while passing the orders impugned, which a
























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