Court No. - 49
Case :- CRIMINAL REVISION No. - 901 of 1990 Revisionist :- Sara Mohammad Opposite Party :- State Of U.P.
Counsel for Revisionist :- Shashank Shekhar Counsel for Opposite Party :- A.G.A.
Hon'ble Harsh Kumar,J.
List revised. No one is present for the revisionist.
Heard learned AGA for the State and peruse the record.
Learned AGA submitted that the present revision has been filed against impugned order dated 6.6.1990 passed by the Magistrate in Case Crime No.49 of 1990, under sections 5, 5A/8 U.P. Prevention of Cow Slaughter Act and section 11 Prevention of Cruelty to Animals Act rejecting the application of revisionist for release of cattle and since around 28 years have passed from the date of filing of revision, during this period the cattle, who were recovered from truck in question would not be surviving and so the revision appears to have become infructuous.
Upon hearing learned AGA and perusal of record, I find that fresh notices were sent to revisionist at Bihar, on which C.J.M., Sitamarhi, State of Bihar has reported that the person of the name and the address mentioned in the memo of revision is not traceable in the village.
It is pertinent to mention that by the impugned order, application for release of cattle was moved with the allegations that the revisionist is owner of the cattle recovered from Truck No.URQ 1913, which application was rejected by the Magistrate.
There can be no possibility of survival of allegedly recovered cattle after a period of about 28 years and the matter appears to have become infructuous and is liable to be dismissed as infructuous.
In view of discussions made above, the revision is dismissed as infructuous.
Interim order, if any, stands vacated.
Order Date :- 24.3.2018 Tamang