JUDGMENT Mr. Inderjit Singh, J.:- Petitioner has filed this petition under Section 482 Cr.P.C. against respondent State of Haryana for quashing of order 24.02.2016 passed by learned Addl. Sessions Judge, Gurgaon, vide which the order dated 29.01.2016 passed by learned Judicial Magistrate Ist Class, Gurgaon was set aside. 2. Notice of motion was issued and learned State counsel appeared and contested the petition. 3. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. 4. From the record, I find that learned Addl. Sessions Judge, Gurgaon vide order dated 24.02.2016 accepted the revision petition filed by the State and handed over the custody of the animal shelter cum veterinary centre at village Sadrana Gurgaon run by PFA as infirmary till the final disposal of the case. The brief facts of the case as noted down in the impugned order passed by learned Addl. Sessions Judge, Gurgaon, are as under:- “XXX....It all started on the intervening night of 24/25.1.16 when ASI Suresh Kumar P.S.Farrukh Nagar Distt.Gurgaon alongwith his other police officials was present near bus stand of Farrukh Nagar on Govt. vehicle, there he received information from police control room as regards the two trucks loaded with buffalos with veals having been overpowered by a team of people for animal of village Sadrana ( for short PFA) whereupon said police officer alongwith his staff rushed to Jhajjar road police Naka, where Saptrishi Rai, complainant, who is manager of PFA submitted a written complaint to the said I.O whereupon case under section 11/59/60 of the Prevention of Cruelty to Animals Act,1960 ( for short the Act ), was registered. 3. In brief the facts stated in the said complaint, which is on the letter head of PFA would go to show that it is the complainant who submitted that on the intervening night of 24/25.1.16 at about 12.30 p.m ,when he alongwith his team member Anil alongwith other staff was coming towards Farrukh Nagar after crossing Naka on Jhajjar road in the meanwhile from the side of Jhajjar ,two trucks in which buffalos and veals were stuffed mercilessly came,which were intercepted and upon their checking in one truck No.RJ 18G GA 3022, 16 buffalos and 40 veals were found stuffed,whereas in the another truck bearing No.RJ 18GB 0501 16 buffalos and 40 veals were found stuffed. He further stated that both the truck drivers fled away after leaving the trucks and cattle in the said vehicles and offence was thus committed as the said cattle were packed in the said trucks beyond their capacity in a cruel manner.Thus action was sought to be taken against the truck drivers for committing the offences under the Act. During the course of investigation, both the trucks with said live stock were taken into possession vide recovery memos. However the said recovered cattle were handed over to hospital cum shelter manager of PFA,wherein condition of said live stock was reported by preparing detailed description on the letter head of PFA , as per which in one of the trucks three veals were found dead ,whereas in the another truck, five veals were found dead. It was found that cattle were stuffed in double decker arrangement in the trucks without any food or water. Further it was reported that some of the buffalos and veals were suffering from disease. The post mortem reports of 12 dead animals were prepared. It is pertinent to mention here that accused Sikander, Mohd.Arif, Mahender Singh and Mohd.Ayub were arrested on 27.1.16 and were produced before the court of learned JMIC Gurgaon and were granted bail on the same date.” 5. The perusal of the record shows that present petitioner is accused in the FIR. He moved application for release of said livestock on sapurdari and on the report of SHO etc. having no objection, the articles were released in favour of actual owners. Learned Addl. Sessions Judge, Gurgaon, after going through the order passed by learned JMIC, Gurgaon, law laid down by the Hon’ble Supreme qua guidelines and in view of the provisions of Sub-section 3 of Section 35 of the Prevention of Cruelty to Animals Act, 1960, set aside the order dated 29.01.2016 passed by learned JMIC, Gurgaon and order the custody of the animals to PFA as discussed above. 6. The perusal of the order dated 24.02.2016 passed by learned Addl. Sessions Judge, Gurgaon show that animals were transported badly stuffed in two trucks by making compartment with the help of wooden planks and out of the recovered veals, 12 veals were found dead and many buffalos were suffering from various disease including blood anaemic, which clearly shows that accused was not appropriate person to be given the sapurdari of the cattle. 7. 7. As per the record, 16 buffalos and 40 veals were found stuffed in one truck bearing registration No.RJ-18G-GA-3022 whereas in another truck bearing No.RJ-18 GB-0501, 16 buffalos and 40 veals were found stuffed and both the truck drivers fled away after leaving the trucks and cattle in the said vehicles. 8. Learned Addl. Sessions Judge, Gurgaon, while passing the impugned order, discussed the provisions of Act in detail and discussed the guidelines/law laid down by the Hon’ble Supreme Court in State of U.P. vs. Mustakeen and others arising out of SLP No.2790/1999, criminal appeal No.283-287/2002. 9. The perusal of the impugned order dated 24.02.2016 shows that the order has been passed by learned Addl. Sessions Judge, Gurgaon, as per law and no illegality has been committed. The sapurdari of the animals has been correctly given to PFA. From the record, I find that the impugned order dated 24.02.2016 does not amount to miscarriage of justice. 10. Therefore, finding no merit in the present petition, the same is dismissed.