State Of Gujarat vs Iqbal Mohmed Jamal @ Doho
2021 Latest Caselaw 16938 Guj

     R/CR.MA/19332/2021                              ORDER DATED: 27/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 19332 of 2021
                                  In
                   R/CRIMINAL APPEAL NO. 1607 of 2021
                                 With
                   R/CRIMINAL APPEAL NO. 1607 of 2021
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                               STATE OF GUJARAT
                                     Versus
                          IQBAL MOHMED JAMAL @ DOHO
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Appearance:
MS. MONALI BHATT, APP for the Applicant(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                 ORAL ORDER

Date : 27/10/2021

Order in Criminal Misc. Application:

1. The present Criminal Miscellaneous Application is filed by the Applicant (Original Complainant) under Section 378(1)(3) of the Code of Criminal Procedure seeking Special Leave to Appeal challenging the impugned judgment and order passed in Sessions Case No. 78 of 2019 by the learned 4 th Additional Sessions Judge, District Panchmahal at Halol dated 24.02.2020 recording the acquittal under the Gujarat Animal Preservation Act, 1954 and section 119 of the Gujarat Police Act.

2. Heard learned APP Ms. Monali Bhatt for the Applicant - State.

3. RULE.

4. Learned APP has drawn the attention of this Court at the relevant paragraph of the judgment and order dated

R/CR.MA/19332/2021 ORDER DATED: 27/10/2021

24.02.2020 passed by the learned 4 th Additional Sessions Court, District Panchmahal at Halol wherein the accused persons were acquitted for the offences U/sec 6(k), 8(2) and 10 of the Animal Preservation Act, 1954 and section 119 of Gujarat Police Act. Learned APP has further submitted that it has come on record that while night patrolling carried out by the police personnel coupled with the secret information, arrested the accused persons with two bullocks in tight position, thereafter, both the bullocks were sent at Panjrapole, therefore, the appreciation by the learned 4 th Additional Sessions Court, District Panchmahal at Halol is not in accordance with the provisions of law and has committed error.

5. This court has perused the judgment passed by the learned 4th Additional Sessions Judge, District Panchmahal at Halol. The matter requires consideration. Therefore, the special leave to appeal as prayed for deserves to be granted and the present Criminal Misc. Application stands allowed. Prayer in terms of paragraph 7(a) regarding leave to appeal is granted. Rule is made absolute.

Order in Criminal Appeal

ADMIT.

Issue bailable warrant against the respondent - original accused in the sum of Rs. 5,000/- on each.

(A. C. JOSHI,J) SHRIJIT PILLAI/03