Milind S/o Karudas Meshram vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1298

DINESH KUMAR PALIWAL
Milind S/o Karudas Meshram – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri J.L. Soni, Advocate., for the Appellant; Shri N.S. Solanki, Panel Lawyer., for the Respondent

JUDGMENT

1. The applicant has filed this petition under Section 482 of Code of Criminal Procedure, 1973 (for brevity 'The Code'), against the order dated 12.09.2020 passed in Criminal Revision No. 9/20 by ASJ Sonsar District Chhindwada whereby order dated 25.01.2020 passed in Criminal Case No. 461/2019 by learned JMFC Sonsar was affirmed. Learned JMFC has dismissed applicant's application under Section 451/457 of Cr.P.C. for granting interim supurdginama of truck (six wheels) bearing registration No.MH-40-BG-8668 seized in Crime No. 273/2018 of P.S. Sonsar, District- Chhindwada on the ground that confiscation order of the vehicle has been passed by the Collector.

2. Brief facts of the case are that on 17.12.2018 police Sonsar intercepted truck (red color six wheels) belonging to the present applicant at around 4:45 am at Baggu Bichhua railway crossing. Driver and others left the vehicle by parking it near Bichhua railway crossing. When search of the truck was taken, truck was found transporting cattle (cow progeny). Cattle of cow progeny were being transported in the truck in cruel manner, their legs, mouth and horn were found tied on the rope. Some of the cattle were dying. In searc