Delhi District Court
Aarif vs The State on 3 February, 2015
IN THE COURT OF SHRI RAJ KUMAR TRIPATHI
ADDL. SESSIONS JUDGE02 : SOUTH EAST
SAKET COURT : NEW DELHI
IN RE: Criminal Revision No. 03/15
ID No. 02406R0007842015
Aarif
S/o Hanif
R/o H. No. 83, Ward No. 10
Pataudi, Guragon (Haryana). . . . . Petitioner
versus
The State
Govt. of NCT, Delhi . . . . . Respondent
__________________________________________________________
Date of Institution : 09.01.2015
Date of receipt of file by way of
transfer in this court : 27.01.2015
Date when arguments were heard : 03.02.2015
Date of Order : 03.02.2015
ORDER :
The present revision petition filed under Section 397 of The Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) is directed against order dated 06.01.2015 passed by Ld. MM07, SouthEast, Saket Courts, New Delhi in case FIR bearing no. 13/2015 under Section 429/34 IPC, PS Kotla Mubarakpur, New Delhi.
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2. The petitioner filed an application for release of vehicle bearing no. HR55K3492 and buffaloes on superdari before the court of Ld. MM. Vide order dated 06.01.2015, Ld. MM was pleased to order for release of aforesaid vehicle on superdari subject to general terms and conditions for the value of Rs.5,00,000/ to the satisfaction of IO/SHO concerned in favour of petitioner. However, the Ld. MM declined to release the buffaloes on superdari by observing that as the safety of cattle was involved in the case, therefore, application for superdari for release of buffaloes cannot be allowed.
3. The petitioner feeling aggrieved by the impugned order dated 06.01.2015 regarding nonrelease of buffaloes on superdari has challenged the same in revision before this court.
4. The petitioner submits that he is the owner of the fourteen buffaloes, which are involved in this case. IO of the case filed reply to the application of petitioner and did not oppose the application for release of buffaloes on superdari. It is contended that the Ld. MM failed to appreciate that as per report of IO of the case, the buffaloes are not required for the purpose of investigation and the petitioner and his family are dependent on the buffaloes for the purpose of their earnings. It is submitted that the impugned order was passed in great haste ignoring the contentions of the petitioner and therefore, the impugned order is liable to be set aside.
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5. Learned Addl. PP for State as well as IO of the case do not have any objection if the revision petition filed by petitioner is allowed and the buffaloes involved in the case are directed to be released on superdari to its rightful owner subject to fulfillment of general terms and conditions to be imposed by the court.
6. This court is informed by the Investigating Officer SI Sanjay Kumar that all the fourteen buffaloes found loaded in truck no. HR55K3492 belong to applicant / petitioner. As per status report filed by IO, all the buffaloes were shifted to Sanjay Gandhi Animal Care Center on 04.01.2015 and out of the total buffaloes belonging to the petitioner, three buffaloes have already died on 06.01.2015.
7. Except the bald statement of the complainant, there is no material on record to show that the buffaloes were being taken to Gazipur for slaughter. The petitioner claims to be owner of the buffaloes and as per him, his entire family is dependent on the buffaloes. IO in his report filed before Ld. MM has stated that the buffaloes are no more required for any investigation purpose.
8. Considering the aforesaid facts into account, this court is of the considered view that Ld. MM was not justified in nonrelease of the buffaloes on superdari, when they are no more required for the purpose of investigation and except the statement of complainant, there is no material to suggest that the buffaloes were being taken to Gazipur for CR No. 03/15 3 of 4 slaughtering purpose.
9. In view of foregoing reasons, this court is of the considered view that the order dated 06.01.2015 of Ld. MM to the extent of non release of buffaloes on superdari is liable to be set aside. Accordingly, to the aforesaid extent, the impugned order is set aside. The Ld. MM shall reconsider the release of buffaloes on superdari subject to fulfillment of general terms and conditions by the petitioner. Petitioner is directed to appear before Ld. MM at 3.00 pm today.
10. A true copy of the order along with TCR be sent to court concerned. Revision file be consigned to record room.
Announced in the open (RAJ KUMAR TRIPATHI)
court today i.e 3rd February, 2015 Addl. Sessions Judge02
SouthEast, Saket Courts, New Delhi
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