Asif Anas Maulvi vs State Of Gujarat
2021 Latest Caselaw 5798 Guj

   R/CR.MA/6819/2021                                        ORDER DATED: 10/06/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO.                      6819 of 2021

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                  ASIF ANAS MAULVI
                        Versus
                  STATE OF GUJARAT
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Appearance:
MR I H SAIYED SR. ADVOCATE with MR AFTABHUSEN
ANSARI(5320) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR L B DABHI, ADDITIONAL PUBLIC PROSECUTOR (2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                         Date : 10/06/2021

                                 ORAL ORDER

Heard learned Senior Advocate Mr. I.H. Saiyed assisted by learned advocate Mr. Aftabhusen Ansari for the applicant.

It is submitted by learned senior advocate that FIR is filed for the alleged offence punishable under Sections 11(1)(a), 11(1)(d), 11(1)(e), 11(1)(f), 11(1)(h), 11(1)(i), 11(1)(k) of Prevention of Cruelty to Animals Act, 1960 and under Section 192(2)(a) of the Motor Vehicles Act. It is further submitted that offences punishable under Sections 11(1)(l), 11(1)

(n), 11(1)(o) and Section 12 of the Act are cognizable offences. Thus, it is contended that the alleged offences in the FIR are non­cognizable offences and therefore, investigating agency could

R/CR.MA/6819/2021 ORDER DATED: 10/06/2021

not have registered the FIR. Learned advocate for the applicant at this stage has placed reliance upon decision of the Hon'ble Supreme Court in the case of State of Haryana and Others Versus Bhajan Lal and Others, reported in 1990 SCR Supl. (3) 259 and particularly referred to and relied upon paragraph No.8.1 (d) of the said judgment.

In view of the aforesaid submissions canvassed by learned senior advocate appearing for the applicant, issue Notice to the respondents returnable on 15th September, 2021.

Ad­interim relief granted in terms of paragraph No.9(c), till the next date of hearing.

(VIPUL M. PANCHOLI, J)

Pallavi