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SCR.A/1015/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1015 of 2010
With
SPECIAL
CRIMINAL APPLICATION No. 1016 of 2010
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VALLABHBHAI
VALJIBHAI KOTADIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
MB PARIKH for Applicant(s) : 1,
MR SHIVANG J SHUKLA & MR
KARTIK PANDYA APPs for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/06/2010
COMMON
ORAL ORDER
The
challenge in these petitions under Articles 226 and 227 of the
Constitution of India is the orders dated 20.05.2010 passed by the
learned Additional Sessions Judge, Bhavnagar in Criminal Revision
Application Nos.35 & 36 of 2010 whereby the orders passed by the
learned Magistrate are confirmed by which custody of the livestock of
16 bullocks is refused to the petitioners, who are facing offences
punishable under Section 11 of the Prevention of Cruelty to Animals
Act and under Sections 119 of the Bombay Police Act and under
Sections 91 and 92 of the Motor Vehicle Act in complaint being II-CR
No.19 of 2010.
That
the ownership of the livestock in question i.e. 16 bullocks of the
petitioners is not disputed. Even the representatives of the
Panjrapole had no objection if the interim custody of the livestock
is handed over to the petitioners. In spite of the above fact, the
courts below have refused to exercise discretionary jurisdiction in
favour of the petitioners and thereby refused to hand over custody of
the livestock.
In
these petitions, rule is already issued on 28.05.2010.
Having
heard learned advocates for the parties and considering the facts and
circumstances of the case, I am of the opinion that during the
pendency of criminal case against the petitioners, custody of
livestock of 16 bullocks is to be handed over to the petitioners, and
therefore, Gadhada Mahajan Panjrapole, Gadhada is directed to hand
over 16 bullocks to the petitioners.
During
the pendency of criminal cases, applicants will maintain record of
the livestock viz. 16 bullocks and shall seek permission in case of
sale, transfer etc. of the same.
This
order is passed since no objection of the representatives of Gadhada
Mahajan Panjrapole, Gadhada, is recorded by the courts below.
Accordingly,
both these petitions are allowed. Rule is made absolute to the
aforesaid extent only.
Direct
service is permitted.
[Anant S.
Dave, J.]
*pvv
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