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Madhya Pradesh High Court · body

2015 DIGILAW 1237 (MP)

Ameen v. State of M. P.

2015-12-11

ROHIT ARYA

body2015
ORDER 1. This miscellaneous criminal case under section 482 of CrPC is directed against the order dated 19.11.2015 passed by the revisional Court under section 397 of CrPC in Case No.221/2015 confirming the order of the Court below dated 14.10.2015 in Case No.0/2015. Petitioner's application for handing over 24 buffaloes on Supurdaginama has been rejected. 2. Facts necessary and relevant for disposal of this miscellaneous criminal case are to the effect that while petitioner was carrying 24 buffaloes in a truck, he was intercepted at Chanderi-Picchore road by police patrolling car. It was found that petitioner did not carry the proof of ownership of the buffaloes and the manner in which buffaloes were stalked in the truck was found to be suspicious and the authorities were prima facie of the view that those buffaloes were being carried to Agra, Aligarh for slaughtering. Accordingly, the truck and 24 buffaloes were seized. 3. The Courts below rejected the application for handing over the buffaloes on Supurdaginama for the reason that petitioner failed to establish and satisfy that he is the owner of the buffaloes, as neither he had the receipt of purchase nor that of deposit of fee at Nagar Panchayat, Suthaliya where Pashu Mela is organized, wherefrom he claims to have purchased the aforesaid 24 buffaloes. 4. While criticizing the order aforesaid, learned counsel for the petitioner contends that due to inadvertence and bona fide mistake the aforesaid receipts of purchase and that of deposit of the fee at Nagar Panchayat, Suthaliya could not be filed before the Courts below and the same is annexed with the instant application. Original is also produced before this Court for verification. 5. Considering the fact that petitioner prima facie in absence of any evidence to the contrary is found to be the owner of the aforesaid 24 buffaloes, it would be appropriate if custody of 24 alive buffaloes is handed over to the petitioner, so that he may properly look after them and keep them alive, hence, pending disposal of the criminal Case No.0/2015 petitioner will be handed over aforesaid 24 buffaloes seized in connection with Crime No.510/2015 at Police Station, Pichhore on supurdginama on following conditions :- 1. The petitioner neither shall sell nor shall use the aforesaid 24 buffaloes for any purpose and shall ensure that they are well fed and kept in a healthy condition. 2. The petitioner neither shall sell nor shall use the aforesaid 24 buffaloes for any purpose and shall ensure that they are well fed and kept in a healthy condition. 2. The petitioner shall keep them available as and when required either by the investigating agency or by the Court. 3. The petitioner shall furnish bank guarantee of Rs.1,00,000/- (Rs. One lac only) with a solvent surety of Rs.2,00,000/- (Rs. Two lacs only) to the satisfaction of the trial Court. 6. With the aforesaid directions, miscellaneous criminal case stands disposed of.