Abdulla vs State Of Uttarakhand
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Uttarakhand High Court

Abdulla vs State Of Uttarakhand on 30 July, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL
           Criminal Misc. Application No.851 of 2024
Abdulla                                           .........Applicant

                              Versus

State of Uttarakhand                              .........Respondent

Ms. Sheetal Selwal, learned counsel holding brief of Mr. Nadim Azad,
learned counsel for the applicant.
Mr. S.C. Dumka, AGA with Ms. S.B. Dobhal, Brief Holder for the State.

Hon'ble Pankaj Purohit, J. (Oral)

1. Delay Condonation Application (IA No.3 of 2025)

As per office report, there is delay of 32 days in filing the Restoration Application. In view of the reasons stated in the delay condonation application, the delay is condoned and the delay condonation application stands disposed of accordingly.

2. Restoration Application (MCRC No.2 of 2025)

In view of the sufficient reasons stated in the Application, the Restoration Application is allowed. The order dated 21.05.2025 passed by this Court is recalled. The C482 application is restored to its original number.

Criminal Misc. Application No.851 of 2024

3. This C482 application is directed against the order dated 21.11.2023 passed by learned Chief Judicial Magistrate, Dehradun in Misc. Criminal Case Crime No.2674 of 2023, Abdulla vs. State as well as judgment dated 16.01.2024 passed by Second Additional Sessions Judge, Dehradun in Criminal Revision No.274 of 2023, Abdulla vs. State of Uttarakhand.

4. Facts in brief are that an application was moved on behalf of the applicant before the trial court seeking release of six calves in his favour which was case property of Case Crime No.482 of 2023, under Section 429 IPC, 25/4 Arms Act & Section 11(d)(e)(L) Prevention of Cruelty to Animals Act, 1960 registered at P.S. Kotwali, District Dehradun. It was stated in the application that he was the owner of those six calves which he wanted to get released. Police does not need those animals. A report was called on the application by the court from Police Station Kotwali, Dehradun. The court after perusing the report and hearing the parties rejected the release application. Against the said rejection order, Criminal Revision No.274 of 2023 was filed which was also dismissed and the order dated 21.11.2023 passed by the trial court was affirmed. However, the seized animals were directed to be examined on regular intervals. Challenging both the orders, present C482 application has been filed.

5. Before the trial court, on the release application moved by the applicant, the report was called by the court from the police. It was stated that the case was registered against the applicant in which 200 kg of illegal meat, two Chapars (sharp edged weapons), two daggers and six live calves were recovered which were kept in the Kanzi House, Nagar Nigam, Defence Colony, Dehradun. The learned trial court rejected the release application saying the lives and security of all calves was not safe in the custody of applicant.

6. The Revisional Court relied upon Section 29 of the Prevention of Cruelty to Animals Act, 1960 and rejected the revision. It also relied upon by the various authorities of the Hon'ble Apex Court. The revisional court reached to the conclusion that there was no error or perversity in the impugned order passed by the trial court in rejecting the release application and accordingly, it dismissed the revision.

7. Having heard the learned counsel for the parties and carefully gone through the entire evidence available on records, I find no illegality or perversity in the judgments and orders impugned. No interference is warranted.

8. The C482 application fails and the same is, accordingly, dismissed.

(Pankaj Purohit, J.) 30.07.2025 Ravi