Partly allowed

Dhyan Foundation Govardhan Govansh Seva Va Anusandhan Kendra Thr. Yogesh G. Sharma v. the State of Maharashtra Thr. Deori Ps Dist.Gondia and Another

Bombay HC16 Apr 2024WP/333/2024

Case brief

AI extract

What is this about?

The High Court set aside an order by the Judicial Magistrate handing over custody of seized cattle to the prosecution/respondent without hearing the petitioner. The Court held that the Magistrate failed to consider mandatory provisions of the Maharashtra Animal Preservation Act, 1976, specifically regarding the disposal of cattle intended for slaughter. The matter was remitted for fresh considerat

What did the court decide?

Order dated 10.04.2024 passed by the Judicial Magistrate First Class, Deori, in Cri. Misc. Application No.19/2024 is set aside; matter remitted to the Magistrate to decide afresh after granting opport

Dhyan Foundation Govardhan Govansh Seva Va Anusandhan Kendra… — Quashing and FIR | Bombay HC (2024)

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2024:BHC-NAG:11028

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-1- 2C.WP.333.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CRIMINAL WRIT PETITION NO. 333 OF 202 4

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Dhyan Foundation Govardhan Govansh Seva Va Anusandhan Kendra

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Vs.

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The State of Maharashtra, thr. Deori Police Station, Dist. Gondia & Anr.

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********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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********************************************************************************************** Mr. Raju Gupta, Advocate for the Petitioner. Ms. S.V. Kolhe, APP for Respondent No.1.

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CORAM : G. A. SANAP, J. DATED : 24th SEPTEMBER, 2024.

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. Heard the learned advocates for the parties. Perused the record and proceedings.

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In this petition, the petitioner has challenged the order dated 10^th April, 2024, passed below Exh.1 by the learned Judicial Magistrate First Class, Deori, whereby the learned Magistrate allowed the application made by respondent No.2 for handing over the custody of the cattle to him.

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It is the principal grievance of the petitioner -Dhyan Foundation that, after registration of the crime, the custody of the cattle was handed over to the Dhyan Foundation. The learned Magistrate, without granting an opportunity of hearing to the petitioner - Dhyan Foundation, passed the order. It is submitted that the learned Magistrate has not taken into consideration the mandatory provisions of law, particularly Section 8 of the Maharashtra Animal Preservation Act, 1976 (for short, “the Act of 1976”). It is submitted that it is a specific case of the police that the cattle were being transported for the purpose of slaughtering. It is pointed out that as per the proviso

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-2- 2C.WP.333.2024.odt

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to sub-section (3) of Section 8 of the Act of 1976, in such a crime during pendency of the trial, the seized cow, bull or bullock shall be handed over to the nearest Gosadan, Goshala, etc. Since, it is the case of the prosecution that the cattle were being transported for the purpose of slaughtering, the learned Magistrate was bound to consider the provisions of Section 8 of the Act of 1976.

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The learned Magistrate did not grant an opportunity of hearing to the petitioner - Dhyan Foundation. In the facts and circumstances, without going into further details, the order is required to be set aside.

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Accordingly, the petition is allowed .

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i] The order dated 10^th April, 2024, passed by the learned Judicial Magistrate First Class, Deori, in Cri. Misc. Application No.19/2024, is set aside.

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ii] The matter is remitted back to the learned Magistrate.

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iii] The learned Magistrate shall decide the application at Exh.1 made by respondent No.2 afresh by granting an opportunity of hearing to the petitioner - Dhyan Foundation.

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iv] The matter be decided afresh within two months from the date of receipt of this order.

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The petition stands disposed of accordingly.

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Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 03/10/2024 19:07:30

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Vijay

Dhyan Foundation Govardhan Govansh Seva Va Anusandhan Kendra Thr. Yogesh G. Sharma v. the State of Maharashtra Thr. Deori Ps Dist.Gondia and Another

Case brief

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Dhyan Foundation Govardhan Govansh Seva Va Anusandhan Kendra Thr. Yogesh G. Sharma v. the State of Maharashtra Thr. Deori Ps Dist.Gondia and Another

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