Ayyubali Dostmohammad Makarni v. The State of Maharashtra

Shri R.S. Shinde, Advocate holding for A.G. Magare, Advocate for petitioner Shri N.H. Borade, APP for respondent No. 1/ State Shri A.D. Kasliwal, Advocate for respondent No. 2 ..... CORAM : U.D. SALVI, J. DATED : 15 th December, 2011. PER COURT :

Heard. Perused petition and the annexures therewith. The present petition questions the propriety of the order dated 17-06-2011 handing over the interim custody of live stock-cattle to the respondent No. 2-Mahaveer Goshala Sanstha, Khapar, Tq. Akkalkuwa, District Nandurbar, during the pendency pendency of the Criminal Misc. Application No. 43/2011 in the court of learned Judicial Magistrate, First Class, Taloda, District Nandurbar, and the order dated 20-07-2011 passed by the learned Additional Sessions Judge, Shahada, District Nandurbar in Criminal 2

656.11 CWP Revision Application 30/2011 confirming the said order passed by the Judicial Magistrate, First Class, Taloda, District Nandurbar.

According to the petitioner, the cattle was seized from his custody on the accusations of he having committed offence punishable under section 100 read with section 117 of the Bombay Police Act, 1955 and none-else, and as such the learned Magistrate ought to have returned the cattle upon the execution of a bond.

The State / respondent No. 1 submits that the investigation in the said case is complete and the charge sheet has been sent to the learned Judicial Magistrate, First Class, Taloda, District Nandurbar on the simplicitor accusations of the commission of the offence punishable under section 100 read with section 117 of the Bombay Police Act, 1951 on 30-05-2011. According to the respondent No. 2, there are reasons to suspect that the said cattle were to be slaughtered in violation of the Prevention of Cruelty to Animals Act, 1960 (for short “ said Act, 1960).

Presently, there is nothing before this Court to indicate that the accusations made against the petitioner are under the said Act, 1960. Conclusion of the trial in the said case- 3

656.11 CWP summary Case No. 287/2011 before the Judicial Magistrate, First Class, Taloda, District Nandurbar would certainly bring about end to the present controversy as the Judicial Magistrate, First Class, Taloda, District Nandurbar will have to pass orders in accordance with Section 452 of Criminal Procedure Code, 1973 at conclusion of the said trial. It would be, therefore, fair and reasonable to pass the following directions to expedite the said summary case. Hence order. ORDER I] Learned Judicial Magistrate, First Class, Taloda, District Nandurbar is directed to dispose off summary case No. 287/2011 on or before 31-01-2012, and pass appropriate orders for disposal of the seized live stock- cattle, as per the provisions of 452 of Criminal Procedure Code, 1973. ii] The petitioner/ accused shall appear before the learned Judicial Magistrate, First Class, Taloda, District Nandurbar on 21-12-2011. . Criminal Writ Petition No. 656/2011 stands disposed off accordingly. . Parties to act upon authenticated copy of this order. SDM* December-11

( U.D. SALVI, J. )