16.4.2015 and on the basis of which, the petitioner was charged and tried for the offences under Sections 4 and 6 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 and Sections 10 and 11 of the Cruelty against Animal Act in Criminal Case No. 379 of 2015 by the Court of Chief Judicial Magistrate, Balod and vide judgment dated 25.4.2016 the petitioner was acquitted of the charges framed against him. The Court had ordered for return of the seized cattle to the petitioner in case no appeal is filed against that judgment. On the application made by the petitioner, the Court of CJM, Balod issued a written direction dated 29.11.2016 for return of the cattle to the petitioner vide Annexure-P/2 and the same was not complied with. Thereafter, a Contempt Petition was filed in which an unconditional order was passed on 9.2.2017 directing the Station House Officer, Balod to obtain 28 numbers of cattle from Mahaveer Gaushala i.e. respondent No.4 and handover to the petitioner. The petitioner was replied by SHO, Balod vide Annexure-P/7, the dues of Mahaveer Gaushala with respect to maintenance of seized cattle has to be paid before the same is released in favour of the petitioner and thereafter, the Contempt Petition was dismissed. The petitioner has inspected the Mahaveer Gaushala with permission of the Court on 7.12.2016 and he has stated in the Contempt Petition that he did not find his cattle in the said Gaushala and alleged that the same has been sold away. The worth of the cattle was about Rs.6,00,000/-. It was not the intention of the petitioner to keep his cattle in Mahaveer Gaushala. It was the action of the State in which seizure of cattle was made and for the upkeep of the same, the cattle were handover to Mahaveer Gaushala, therefore, there is no responsibility to make payment for the charges of maintenance. Hence, it is prayed that appropriate writ and directions be issued.
