Supreme Court - Daily Orders
Tirth Kumar Sahu vs Sayed Shamim Quadari on 5 July, 2019
Bench: Ashok Bhushan, Navin Sinha
ITEM NO.33 COURT NO.11 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 21489/2019
(Arising out of impugned final judgment and order dated 29-05-2019
in CRLRP No. 333/2019 passed by the High Court Of Orissa At
Cuttack)
TIRTH KUMAR SAHU & ANR. Petitioner(s)
VERSUS
SAYED SHAMIM QUADARI & ANR. Respondent(s)
(FOR I.R. and IA No.90481/2019-EXEMPTION FROM FILING C/C OF THE
IMPUGNED JUDGMENT and IA No.90480/2019-PERMISSION TO FILE PETITION
(SLP/TP/WP/..) )
Date : 05-07-2019 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN
HON'BLE MR. JUSTICE NAVIN SINHA
For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv.
Mr. D. Bharat Kumar, Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Amit Sharma, Adv.
Mr. Ayush Anand, Adv.
Mr. Manas Ranjan Patra, Adv.
Ms. Renuka Jumrani, Adv.
Mr. Sandeep Singh, AOR
Ms. Sonia Mathur, Sr. Adv.
Mr. Girish Madanmohan Patil, Adv.
Mr. Noor Rampal, Adv.
Mr. Amit Sharma, Adv.
Mr. Santosh Kumar, Adv.
Mr. Praneet Pranav, Adv.
Mr. Ayush Anand, Adv.
Ms. Renuka Jumrani, Adv.
Mr. Sandeep Singh, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2019.07.08 Permission to file SLP is granted.
17:05:40 ISTReason: This special leave petition has been filed against the 1 judgment and order dated 29.05.2019 in Criminal Revision Petition No. 333 of 2019 passed by the High Court. The High Court set aside the order of the Magistrate rejecting the application for release of the truck under Section 457 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’).
Learned counsel for the petitioners submits that the High Court while remanding the matter has not referred to the provisions of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017.
We have gone through the order passed by the High Court. The High Court remitted the matter to the Court below to consider application under Section 457 of the Cr.P.C. filed by the petitioners for release of truck afresh on its own merits. We have no doubt that while considering the application, the Magistrate shall also take into consideration the provisions of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017. We do not find it a fit case to entertain the special leave petition. Subject to the above observations, the special leave petition is disposed of.
Pending application stands disposed of.
(MEENAKSHI KOHLI) (RENU KAPOOR)
COURT MASTER COURT MASTER
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