Bombay High Court: A petition was filed challenging the order dated 02-09-2023 passed by the Additional Sessions Judge, Satara, in a Criminal Revision Application filed by respondent 2 and thereby directed interim custody of the 18 buffaloes seized in a criminal case registered with Lonand police station to be handed over to the Respondent 2 on his executing an indemnity bond. Sarang V Kotwal, J., sets aside the order dated 02-09-2023 passed by the learned Additional Sessions Judge, Satara, in Criminal Revision Application and remanded the matter back on the file of the Additional Sessions Judge, Satara, for fresh consideration.
The FIR was lodged at Lonand police station on 13-07-2023, under Sections 11(1) and 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 because 19 buffaloes were found being transported in a truck in a cruel manner. Respondent 2 made an application before the Judicial Magistrate under Section 457 of the CrPC for custody of those buffaloes which was thereby rejected and directed the Investigating officer to handover the custody of 18 buffaloes to the nearest Gaoushala/Panjarpol.
Counsel for the petitioner submitted that though the animals are in the custody of the petitioner, neither they were made parties in the criminal revision application nor they were given an opportunity of hearing.
The Court noted that in the interest of justice and in consonance with the principles of natural justice, they were a necessary party who should have been heard at the time of deciding the criminal revision application. Thus, the Court held that it would be appropriate if the said impugned order was set aside and the Criminal revision application was remanded back on the file of the Additional Sessions Judge, Satara for fresh consideration after hearing the petitioner.
[Jayvant Vrundavan Gopalan Gosanvardhan Sanstha v State of Maharashtra, 2023 SCC OnLine Bom 2027, decided on 15-09-2023]
Advocates who appeared in this case :
Ms. Darshika Vasani a/w. Raju Gupta i/b. Neelam Yadav for Petitioner.
Mr. A. R. Patil, APP for State/Respondent No.1. Mr. Abhijit Kadam for Respondent 2.