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SCR.A/1022/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1022 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
UMARSHA
BHAKARSHA SHEKH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DEVANG VYAS, APP for
Applicant(s) : 1,
GIRISH PATEL ASSOC for Respondent(s) : 1,
MR
ASHISH M DAGLI for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/08/2010
ORAL
ORDER
State
has filed this petition challenging the order dated 16.4.2010 passed
by the learned Principal Sessions Judge, Patan by which Criminal
Revision application No.70 of 2009 filed by respondent No.1 came to
be allowed. The issue pertains to interim custody of animals (sheep
and goats). A case for offence under the Prevention of Cruelty to
Animals Act was lodged against respondent No.1 as certain
irregularities were noticed in transportation of animals. When the
case is pending, respondent No.1 applied for interim custody.
However, the custody of animals was handed over to Panjrapole by
the learned Magistrate by the order dated 12.11.09. In the Criminal
Revision Application filed against the said order, the learned
Sessions Judge by the order dated 16.4.2010 allowed the Revision
Application and directed the interim custody of the animals to be
handed over to respondent No.1 herein.
Counsel
appearing for respondent No.2 Panjrapole produced on record a copy of
the order dated 5.5.2010 passed by this Court in Special Criminal
Application No.813 of 2010 by which the petition filed by the
Panjrapole against the same order was dismissed.
Under
the circumstances, without elaborating the reasons, this petition is
also dismissed. The learned Sessions Judge having imposed several
conditions for release of the animals, no further conditions are
necessary.
The
petition is disposed of accordingly.
(Akil
Kureshi, J.)
(vjn)
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