Court No. - 50 Case :- CRIMINAL REVISION No. - 95 of 2010 Petitioner :- Qadeer Respondent :- State Of U.P. And Another Petitioner Counsel :- Umesh Shankar Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the revisionist.
Submission is that the revisionist is an accused in the Cow
Slaughter Act registered at Case Crime No. 1743 of 2009. The
oxen were taken in custody after the revisionist was challaned and
kept in Gaushala. It appears that application for release of cattle
was given, which was allowed but before cattle could be released,
it was stolen yet another F.I.R. for theft was lodged. The impugned
order dated 20.11.2009 shows that since it is a matter of civil
nature thus Civil Court has jurisdiction to make recovery from the
police personnel to whom cattle were handed over. Revisionist is
liable to approach and invoke the Civil jurisdiction. This appears
to be only high handedness of the police. The revisionist cannot be
allowed to run from pillar to post.
Issue notice to the O.P.No.-2 returnable at an early date. Learned
A.G.A. accepted notice on behalf of respondent No.-1. Respondent
No.-2 may file counter affidavit within period of three weeks from
the date of receipt of notice. Learned A.G.A. may also file counter
affidavit within four weeks. Learned counsel for the revisionist
undertakes to serve O.P. No.2 personally along with normal mode
of service. Office is directed to handover necessary notice within a
period of one week mentioning the date fixed. An affidavit of
service shall be filed after effecting service.
List this revision on 15.2.2010. Office shall also mention this it in
the notice.
Order Date :- 12.1.2010
S.A.A.Rizvi