Revision filed against rejection of cattle release. Court dismissed matter as revisionist untraceable and cattle likely deceased due to age, finding no surviving entitlement.
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Court No. - 12
Case :- CRIMINAL REVISION No. - 1114 of 1998
Revisionist :- Surendra Tiwari Opposite Party :- State Of U.P. Counsel for Revisionist :- Jagdish Singh Sengar Counsel for Opposite Party :- Govt. Advocate,Devi Prasad Mishra
Hon'ble Neeraj Tiwari,J.
After death of Sri J.S. Sengar, Advocate, notice was issued to revisionist to engage another counsel. As per office report dated 5.10.2018, notice was issued, but revisionist does not turn up to engage another counsel. Several efforts have been made by this Court through C.J.M. concerned to ensure presence of revisionist, but as per report submitted by C.J.M. concerned, revisionist is not traceable.
Present revision has been filed against the order dated 15.7.1998 passed by C.J.M., Ballia, by which the release of cattle was rejected on the ground that neither revisionist established his ownership nor cattle was recovered from his possession.
Learned AGA has pointed out that apart from merit, it is very much clear that as on date, there is likelihood that none of the cattle could be surviving for the reason that average age of cattle (calf) is around 15 years, therefore, nothing remains to be decided in this revision.
I have perused the record. From the perusal of the record, the order dated 15.7.1998 passed by C.J.M., Ballia is a reasoned order and there is no illegality in the order impugned as the revisionist neither established his ownership over the cattle in dispute nor it was recovered from his possession. This fact is also very much clear that as on date, nothing survives to release in favour of revisionist considering the age of cattle (calf) in question.
The revision lacks merit and is, accordingly, dismissed.
Order Date :- 4.12.2018 Arvind
Surendra Tiwari
State Of U.P.
Neeraj Tiwari
As recorded by the court registry
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