ORDER

Date : 15.03.2023 Heard Mr. A. M. Ahmed, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

2. This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, praying for setting aside and quashing the impugned order dated 28.12.2022, passed by the learned SDJM (M), Gossaigaon, in Gossaigaon P.S. Case No. 231/2022, under Sections 406/420/468/428 of the Indian Penal Code read with Section 11 (1) (d) (e) (h) of the Prevention of Cruelty to Animal Act, 1960, whereby, the learned Court below has modified its own order dated 26.12.2022 putting additional condition only on the basis of an application filed by the learned Additional Public Prosecutor.

3. It is submitted by the learned counsel for the petitioner, Mr. A. M. Ahmed, that the earlier revision petition was filed before this Court against the order passed by the learned SDJM (M), Gossaigaon, whereby, the learned Court below rejected the prayer for custody of the seized vehicle (Swift Dzire), bearing Registration No. AS-01-EF-7097, in connection with Gossai