Bhure Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13383 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                ON THE 17 th OF AUGUST, 2023
                                              WRIT PETITION No. 19842 of 2023

                           BETWEEN:-
                           BHURE KHAN S/O SHRI CHOTE KHAN, AGED ABOUT 52
                           YEAR S, OCCUPATION: LABOUR VILLAGE DHANANA
                           TEHSIL GULANA DISTRICT SHAJAPUR (MADHYA
                           PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI MANISH YADAV, ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 UPPER    COMMISSIONER    UJJAIN DIVISION
                                 UJJAIN. (MADHYA PRADESH)

                           2.    DISTRICT MAGISTRATE SHAJAPUR SHAJAPUR
                                 (MADHYA PRADESH)

                           3.    POLICE STATION SALSALAI SHAJAPUR (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI TARUN KUSHWAH, GOVT. ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

Petitioner has filed this present petition challenging the order dated 24.07.2023 whereby the application for interim relief has been rejected.

2. The vehicle namely Matador LPT 407 bearing registration No. MP-13- GA-4802 belonging to the petitioner was confiscated as it was involved in the criminal case registered under section 4, 6 and 9 of the M.P. Govansh Vadh Signature Not Verified Signed by: VARSHA SINGH Signing time: 18-08-2023 17:55:53

Pratished Adhiniyam, section 6(a)/10 of M.P. Krishik Pashu Parirakshan Adhiniyam, 1959 and 11(D) of Animal Cruelty Act . Vide judgment dated 18.03.2021, all the accused persons of the crime have been acquitted from all the charges with the direction to return the vehicle after expiry of period of filing of an appeal.

3. Despite the aforesaid order of acquittal, the District Magistrate vide order dated 06.06.2023 has passed the order of confiscation of the vehicle. Against which the petitioner preferred an appeal. From the contents of the order passed by District Magistrate it appears that order of acquittal passed by Judicial Magistrate was not brought to the knowledge of District Magistrate as

neither petitioner nor his counsel appeared there.

4. Let the appeal be decided by the Additional Commissioner considering the order of acquittal passed by Judicial Magistrate preferably within a period of 30 days from today. Till then the vehicle which is in possession of the petitioner shall continue to remain in his possession.

In view of the above, the petition stands disposed of.

(VIVEK RUSIA) JUDGE VS

Signature Not Verified Signed by: VARSHA SINGH Signing time: 18-08-2023 17:55:53