Court No. - 50 Case :- CRIMINAL REVISION No. - 3134 of 2010 Petitioner :- Veerbal Respondent :- State Of U.P. & Another Petitioner Counsel :- Imran Ullah Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal, J.
This revision has been filed against the order dated 13.7.2010 passed
by Judicial Magistrate, Chakia, Chandauli whereby the application of
the revisionist for release of cattle was rejected.
Heard learned counsel for the revisionist and learned A.G.A. for the
State.
Learned counsel for the revisionist submitted that even according to
allegations made in the F.I.R., there is no evidence to show that the
cattle were being taken for the purposes of slaughtering. The only
allegation is that the cattle were being taken to the jungle and the
revisionist was beating the cattle. It was contended that the cattle were
being taken to the jungle for grazing. The attention of the Court was
drawn towards the bail order passed by Sessions Judge, Chandauli
wherein it was observed that it was not a case of slaughtering or
attempt thereto.
I have considered the submissions made by learned counsel for the
revisionist. There is no evidence that the cattle were being taken for
slaughtering. Learned counsel for the revisionist has relied upon the
case of Ashoo Vs. State of U.P. 1997 ACC (148), which is squarely
applicable to the facts of this case. The cattle were recovered from the
possession of the revisionist.
Revision is allowed. It is directed that Judicial Magistrate, Chandauli
shall release the cattle seized in crime no.17 of 2010, PS Naugarh,
District Chandauli in favour of the revisionist on his furnishing
adequate security to the satisfaction of the Magistrate concerned and
on incorporating an undertaking that the seized cattle shall not be sold
during the pendency of the case and shall be made available as and
when required by the Court.
Order Date :- 11.8.2010
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