The court dismissed a criminal revision filed against an order rejecting an application for the release of sixteen cows and one bull. The High Court found no illegality in impugned order, quoting rule under which cows transported without valid permit shall be confiscated and auctioned.
The application for release of 16 cows and 1 bull was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- CRIMINAL REVISION No. - 1338 of 1992
Revisionist :- Mustaqim Alias Mustafa Opposite Party :- State Of U.P. Counsel for Revisionist :- Siddharth Shukla Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. None is present on behalf of the revisionist to argue the case.
Heard learned A.G.A. for the State of U.P. and perused the record.
This revision has been preferred against the order dated 05.09.1992 passed by Additional Munsif Magistrate-III, Azamgarh in Case Crime No. 162 of 1992, under Section 5/8 of The U.P. Prevention of Cow Slaughter Act, 1955, Police Station - Kandharpur, District - Azamgarh, whereby the application of the revisionist under Section 451 of the Code of Criminal Procedure for release of 16 cows and 1 bull, was rejected.
As per prosecution version, 16 cows and 1 ox were transferred to Calcutta for slaughtering.
As per Rule 16 (3) of The U.P. Govadh Nivaran Niyamavali, 1964 :
" Cow, bull or bullock transported without a valid permit shall be confiscated and shall be auctioned....."
In view of above, I find no illegality in the impugned order passed by the court below.
Resultantly, the instant revision is dismissed .
Order Date :- 28.5.2018
I. Batabyal
1 issue framed by the court
Whether there was any illegality in the impugned order rejecting the application for release of 16 cows and 1 bull.
3 provisions across 3 enactments
Mustaqim Alias Mustafa
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
