✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM

RUMI KUMARI PHUKAN2 min read

Case at a glance

Outcome

Disposed of

Taking note of above, the present petition is disposed of at the motion stage itself, with

Judgment

Advocate for the Petitioner : MR. T CHUTIA Advocate for the Respondent : PP, ASSAM BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

O R D E R

08.04.2022. Page No.# 2/3 Heard the learned counsel for the petitioner. Also heard the learned Addl. P.P., Assam, appearing for the State/respondent No.1. Being aggrieved by the order dated 24.03.2022, passed by the learned Judicial Magistrate First Class, Kamrup (M), Guwahati, in connection with the Khetri P.S. Case No.51/2022, whereby the prayer of the petitioner for zimma of the seized vehicles has been rejected, the present petition has been preferred under Sections 397/401, read with Section 482 of the CrPC. I have considered the submission that has been made and also considered the documents annexed. From the FIR, it transpires that three numbers of truck, carrying 63 numbers of cattle, were apprehended by the Khetri Police on 15.03.2022, at 5:30 A.M, and the drivers as well as the assistants could not produce any relevant documents. The present two petitioners preferred a petition before the learned trial Court, seeking zimma of the vehicles, claiming themselves to be the registered owner of the same.

The learned trial Court, vide order dated 24.03.2022, on the basis of the report from the I.O., released one vehicle as the same is stated to be not required for further investigation by the I.O. However, other two vehicles bearing registration No.AS-02CC-7019 and AS-02CC-3977 were not released in favour of the petitioner, on the basis of report from the I.O. that the same are required for further investigation. The learned trial Court however rejected the prayer observing that “ ---- rejected at this stage”. That being so, the petitioner is at the liberty to approach the learned trial Court with all the relevant documents and the grounds shown and the present petition, at this stage is not maintainable. It is to be noted that the case has been registered under Seciton 379/411/34 IPC, read with Section 11 of the Prevention of Cruelty to Animals Act, read with Section 7/13 of the Assam Cattle Preservation Act, 2021, but the learned trial Court, has not discussed anything about the matter while disposing the zimma petition.

Operative part

As per the mandate of the law, the learned trial Court is to appreciate all the relevant Acts and the Rules, so far as regards the zimma of Page No.# 3/3 the seized cattle and other articles, including the vehicles, at the time of passing the zimma order. Taking note of above, the present petition is disposed of at the motion stage itself, with direction to the petitioner to approach the learned trial Court afresh, with all the necessary documents and the grounds that have been taken before this Court and the learned trial Court will consider and dispose of the same in accordance with the law, at the earliest. Comparing Assistant JUDGE

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Taking note of above, the present petition is disposed of at the motion stage itself, with

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — ss. 397, 401, 482; Indian Penal Code, 1860; Prevention of Cruelty to Animals Act — s. 11; Assam Cattle Preservation Act, 2021 — ss. 7, 13.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

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