Court No. - 70
Case :- APPLICATION U/S 482 No. - 38034 of 2017
Applicant :- Nehal Ahmad Siddiqui Opposite Party :- State Of U.P.
Counsel for Applicant :- Kashif Gilani,Brij Kishore Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate on behalf of the State.
This application under section 482 Cr.P.C. has been filed by the applicant to quash the order dated 06.09.2017 passed by IInd Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Saharanpur in Case Crime No.16 of 2017 (State vs. Arif), under sections 379, 411, 420, 467, 468, 471 I.P.C, Section 3/5-A/8 of Prevention of Cow Slaughter Act and Section 11/5 of Animal Cruelty Act, Police Station Mirzapur, District Saharanpur and order dated 25.09.2017 passed by Session Judge, Saharanpur in Criminal Revision No.Nil of 2017 whereby revision filed by the applicant against the order dated 06.09.2017 has been dismissed.
The facts in brief of the case is that according to FIR, truck in question was having two different number plates bearing Nos.U.P.15A-0818 and UP-65A 0919 in which cows and bulls were loaded and tied in the truck miserably. One person Arif was arrested on the spot and while the driver of the truck and co-accused Mathloob fled away from the spot. It is the case of the prosecution that police recovered three bulls and one cow in which two cows and two bulls alive from the said truck. It is submitted that the applicant is the owner of the truck No.UP 65 A0919. Learned magistrate rejected the release application dated 27.07.2017 of the applicant on the ground that accused Mathloob is still absconding and whereabouts of the drivers are still not known.
Revision preferred by the applicant against the order dated 25.09.2017 of the learned magistrate has also been rejected by the Sessions Judge, Saharanpur. Learned counsel for the applicant has submitted that the applicant is owner of the trucks in question and is ready to furnish security other than bank guarantee.
Learned counsel for the applicant has also placed reliance on the judgment of the Apex Court in the case of Sunderbhal Ambalal Desai vs. State of Gujarat, 2002 (10) SCC 283, whereby the Apex Court held that normally vehicle should not be detained in the police station for more than 15 days otherwise it will be junked and will be of no use with the passage of time.
Considering the undertaking given by the learned counsel for the applicant upon taking instruction from the applicant, this application is liable to be allowed.
Learned A.G.A has opposed the prayer of the applicant by contending that since the accused persons involved in this matter are still absconding and not appearing before the court and the truck in question is a case property, therefore, the same is not liable to be released and the application of the applicant is liable to be dismissed.
After hearing learned counsel for the parties and perusing the record as well as considering the law laid down by the Apex Court in the case of Sunderlal Ambalal Desai (supra), this Court is of the view that no useful purpose will be served to detain the truck in question in the police station.
Considering the undertaking given by the applicant, the impugned dated 06.09.2017 & 25.09.2017 passed by the IInd Additional Civil Judge (Senior Division)/Chief Judicial Magistrate, Saharanpur and Session Judge, Saharanpur respectively are hereby quashed. The application is allowed with the following directions :-
1. The applicant shall furnish security of Rs.7,50,000/- other than bank guarantee within 15 days to the concerned court below.
2. On submitting the aforesaid security within 15 days by the applicant, the same shall be verified within ten days thereafter in accordance with law.
3. After receiving verification report, the truck in question No.U.P.65-A 0919 shall be released in favour of the applicant within one week thereafter.
With these observations the application is disposed of.
Order Date :- 21.1.2019 SKD