Bombay High Court
Aslam Pervej S/O. Vakil Ahmad And ... vs The State Of Maharashtra Thr. ... on 29 January, 2021
Bench: Z.A. Haq, Amit B. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH: NAGPUR
CRIMINAL APPLICATION (APL) NO. 307/2018
1. Aslam Pervej S/o. Vakil Ahmad,
Age : 25 years,
Occupation : Agriculture/Business.
2. Akil Ahmad S/o. Vakil Ahmad,
Age : 30 years,
Occupation : Agriculture/Business,
Both R/o. Deshmukh Pura, Warud,
Tq. Warud, District : Amravati. ... APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
Through Police Station Officer
of Police Station, Warud,
Tq. Warud, Dist. Amravati.
2. Sujit U. Kamble, API
Age : Major,
C/o. Police Station, Warud,
Tq. Warud, Dist. Amravati. ... NON-APPLICANTS
WITH
CRIMINAL APPLICATION (APL) NO. 308/2018
1. Aslam Pervej S/o. Vakil Ahmad,
Age : 25 years,
Occupation : Agriculture/Business.
2. Akil Ahmad S/o. Vakil Ahmad,
Age : 30 years,
Occupation : Agriculture/Business,
Both R/o. Deshmukh Pura, Warud,
Tq. Warud, District : Amravati. ... APPLICANTS
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...V E R S U S...
1. The State of Maharashtra,
Through Police Station Officer
of Police Station, Warud,
Tq. Warud, Dist. Amravati.
2. Kailas Sandy Ghatte, API
Age : Major,
C/o. Police Station, Warud,
Tq. Warud, Dist. Amravati. ... NON-APPLICANTS
WITH
CRIMINAL APPLICATION (APL) NO. 309/2018
1. Aslam Pervej S/o. Vakil Ahmad,
Age : 25 years,
Occupation : Agriculture/Business.
2. Akil Ahmad S/o. Vakil Ahmad,
Age : 30 years,
Occupation : Agriculture/Business,
Both R/o. Deshmukh Pura, Warud,
Tq. Warud, District : Amravati. ... APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
Through Police Station Officer
of Police Station, Warud,
Tq. Warud, Dist. Amravati.
2. Sujit Uday Kamble, API
Age : Major,
C/o. Police Station Warud,
Tq. Warud, Dist. Amravati. ... NON-APPLICANTS
WITH
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CRIMINAL APPLICATION (APL) NO. 310 /2018
1. Aslam Pervej S/o. Vakil Ahmad,
Age : 25 years,
Occupation : Agriculture/Business.
2. Akil Ahmad S/o. Vakil Ahmad,
Age : 30 years,
Occupation : Agriculture/Business,
Both R/o. Deshmukh Pura, Warud,
Tq. Warud, District : Amravati. ... APPLICANTS
...V E R S U S...
1. The State of Maharashtra,
Through Police Station Officer
of Police Station, Warud,
Tq. Warud, Dist. Amravati.
2. Priya Sahebrao Umale, PSI
Age : Major,
C/o. Police Station Warud,
Tq. Warud, Dist. Amravati. ... NON-APPLICANTS
-------------------------------------------------------------------------------------------------
Shri R. J. Mirza, Advocate a/w. Rahul Vyawahare, Advocate for Applicants.
Shri N. S. Rao, A.P.P. for Non-applicant No.1/State.
-------------------------------------------------------------------------------------------------
CORAM:- Z. A. HAQ AND
AMIT B. BORKAR, JJ.
DATED :- 29.01.2021
CRIMINAL APPLICATION (APPP) NO.150/2021
And
CRIMINAL APPLICATION (APPP) NO.151/2021
By these applications the applicants have sought
amendment of the Criminal Applications to challenge Charge-
Sheet/Final Report Nos.116/2018 and 118/2018.
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For the reasons stated in the applications, the
applications are allowed.
The applicants to carry out the amendment
forthwith.
ORAL JUDGMENT (PER: AMIT B. BORKAR, J.) :-
1. Heard.
2. Rule. Rule is made returnable forthwith.
3. By these applications under Section 482 of the Code of
Criminal Procedure, the applicants have challenged registration of the
First Information Report and in Criminal Application (APL) Nos.307
and 309 of 2018 the filing of charge-sheet against the applicants for
the offences punishable under Section 11(1)(c) of the Prevention of
Cruelty to Animals Act, 1960, Sections 5A and 9 of the Maharashtra
Animal Preservation (Amendment) Act, 1995, Section 119 of the
Maharashtra Police Act, 1951 read with Section 34 of the Indian Penal
Code.
4. Since the allegations in the First Information Report and
the material in the charge-sheet are similar and the applicants are
same, we are disposing of all the Criminal Applications by common
judgment.
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5. The First Information Report in all the Criminal
Applications came to be filed against the applicants and others with
the accusations that the applicants in connivance with other accused
were found treating bulls with cruelty while carrying them for the
purpose of slaughtering.
6. In Criminal Application Nos.307 and 309 of 2018, charge-
sheet came to be filed against the applicants. The applicants have
therefore, challenged registration of the First Information Report.
7. This Court issued notice in all applications and the non-
applicant No.1 has filed replies. It is stated that on 08.03.2018, the
Investigating Agency had received secret information that some
persons have been transporting cattles. Accordingly, the police party
went to the site and found two persons i.e. employees of applicants
were carrying bulls by road. It is stated in the reply that the applicants
are the owners of the cattle and therefore, the applicants are also
liable for the acts committed by their employees. It is therefore, stated
that there is sufficient material against the applicants of their
involvement in the crime alleged against them and therefore, it is
prayed that the Criminal Application is liable to be dismissed.
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8. We have carefully considered the allegations in the First
Information Report and the material in the form of charge-sheet in
Criminal Application Nos.307 and 309 of 2018.
9. On overall consideration of the accusations in the First
Information Report and the material in the form of charge-sheet in
Criminal Application Nos.307 and 309 of 2018, the principal
accusation is to the effect that the employees of the applicants have
meted cruelty to the bulls in question. Undisputedly, the applicants
are owners of the bulls in question. There is no allegations in the First
Information Report or the material produced in the form of charge-
sheet that the applicants were present at the site when the alleged
cruelty was meted to the animals in question. In absence of the
accusation that the applicants have personally caused cruelty to the
animals, we do not find that the ingredients of the offences under
Section 11 of the Prevention of Cruelty to Animals Act, 1960 are
fulfilled. The other offences which are alleged against the applicants
are under Section 119 of the Maharashtra Police Act, 1951 and
Section 34 of the Indian Penal Code. After having considered the
allegations in the First Information Report and the other material
placed on record by the prosecution, we are satisfied that there are no
accusations or material which fulfill the ingredients of the offences
alleged against the applicants.
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10. In the facts of the case, for the alleged cruelty by the
employees, the owner of animals cannot be held responsible unless
there is specific allegation to that effect in the First Information Report
or other material in the charge-sheet. We are therefore, satisfied that
the prosecution against the applicants cannot be continued as the
same would amount to abuse of process of Court.
11. We therefore, pass the following order.
The First Information Reports bearing Nos.141/2018,
142/2018, 144/2018 and 143/2018 dated 08.03.2018 registered
against the applicants with the non-applicant No.1 - Police Station for
the offences punishable under Section 11(1)(c) of the Prevention of
Cruelty to Animals Act, 1960, Sections 5A and 9 of the Maharashtra
Animal Preservation (Amendment) Act, 1995, Section 119 of the
Maharashtra Police Act, 1951 read with Section 34 of the Indian Penal
Code and consequent Charge-Sheet/Final Report No.116/2018 in
Criminal Application (APL) No.309/2018 and Charge-Sheet/Final
Report No.118/2018 in Criminal Application (APL) No.307/2018
dated 23.04.2018 and consequential proceedings of
S.C.C.No.563/2018 and 565/2018 pending before the learned Judicial
Magistrate First Class, Warud to the extent of present applicants -
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Aslam Pervej Vakil Ahmad and Akil Ahmad Vakil Ahmad are quashed
and set aside.
12. Rule is made absolute in the above terms.
JUDGE JUDGE
RGurnule.
