Nannu Pandey and 3 Ors. Vs State of U.P.

Court No. - 69

Case :- CRIMINAL REVISION No. - 1314 of 2019

Revisionist :- Nannu Pandey And 3 Ors. Opposite Party :- State Of U.P. Counsel for Revisionist :- Abhay Raj Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the revisionists, learned A.G.A. for the State and peruse the record.

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The present revision has been preferred to set aside the judgement and order dated 01.03.2019 passed by the Additional Chief Judicial Magistrate, Chitrakoot in case crime no. 38 of 2019 under Section 11 of Animal Cruelty Act, Police Station Manikpur, District- Chitrakoot, whereby the release application of the applicant for the release of the 29 bulls which have been detained by the police in the aforesaid case has been rejected.

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Learned counsel for the revisionists submits that there was no independent witness while the recovery memo was being prepared. He further submits that the Magistrate concerned rejected the release application filed in regard to release of aforesaid animals without application of mind.

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Without expressing an opinion on the merits of the case, it would be proper to direct the Additional Chief Judicial Magistrate, Chitrakoot to pass fresh order in the light of judgement of this court in the case of Lal Bahadur Vs State of U.P. decided on 9.12.1993 reported in LAWS(ALL) 1993 1218.

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The order impugned herein is quashed and the matter is remanded back to the Additional Chief Judicial Magistrate, Chitrakoot to pass fresh order within one month from the date of production of a certified copy of this order in the light of judgement of this court reported in the case of Lal Bahadur Vs State of U.P. LAWS(ALL) 1993 1218 decided on 9.12.1993 and as well as Nasu Shaikh vs. State of Bihar, AIR 1972 SC 1610 and Malkiyat Singh vs. State of Punjab, AIR 1970 SC 713 .

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The Revision is accordingly allowed.

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Order Date :- 1.7.2019 aks

Nannu Pandey and 3 Ors. v. State of U.P.

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Nannu Pandey and 3 Ors. v. State of U.P.

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