Shiv Nath Jaiswal vs State of Chhattisgarh

This is a petition filed by petitioner Shiv Nath Jaiswal while exercising the power enumerated under Section 482 of the Code of Criminal Procedure,1973 (hereinafter called as ''Cr.P.C.'') by questioning the order dated 10/01/2017 passed by First Additional Session Judge, Manendragarh District Korea in Criminal Revision No. 01/2017, by which, the revisional Court while affirming the order of the Judicial Magistrate First Class, Manendragarh District Korea, has rejected the application filed by him under Section 457 of the Cr.P.C.

Brief facts of the case are that the Police Station, Kolhari has submitted Istgasa before the Court under Section 41(1-4) of the Cr.P.C., Section 379 of the I.P.C. and Section 11(1)(d) of the Prevention of Cruelty to Animals Act,1960. During pendency of the matter, an application was filed by petitioner under Section 457 of the Cr.P.C. praying for supurtnama of goats and she-goats which

were seized under the said Istgasa on the ground that he is the owner of the same, and therefore, the possession of those seized goats be provided to him. In order to establish his owner-ship, the petitioner has submitted a certificate dated 09/12/2016 issued by Gram Panchayat Chhawari, Janpad Panchayat Sidhi District Sidhi (M.P.).

The Judicial Magistrate First Class vide its order dated 20/12/2016 while taking into consideration the said document/certificate has prima-facie came to the conclusion that the petitioner is not the owner of the goats and she-goats, and therefore, the application was rejected.

Being aggrieved by the aforesaid order, the petitioner has preferred a revision before the First Additional Session Judge, Manendragarh, District Korea where the case has been registered as Criminal Revision No. 01/2017.

The revisional Court in turn, has also considered the said document and came to the same conclusion by holding that by virtue of the said document, which even does not reflect dates, the applicant can not be held to be the owner of those goats and she-goats. By holding as such, the revisional Court while affirming the order of the Judicial Magistrate First Class, Manendragarh, has rejected the said application.

Being aggrieved with the aforesaid order, the petitioner has filed this petition under Section 482 of the Cr.P.C.

Mr. Somnath Verma, learned counsel for the petitioner submits that the petitioner is the owner of the said goats and she-goats which were seized under the said Istgasa, as evidenced by the document/certificate dated 09/12/2016 and without proper examination of the said document, both the Courts below have erred in rejecting his application filed under Section 457 of the Cr.P.C.

Mr. Vijay Bahadur Singh, Panel Lawyer on the other hand supported the order impugned and submitted that the same is passed upon due and proper consideration of the said document/certificate.

I have heard learned counsel appearing for the parties and examined the entire records carefully.

From perusal of the record, it is clear that the said document was not only considered by Judicial Magistrate First Class on its proper manner but was also taken into consideration by revisional Court and both the Courts below have concurrently came to the conclusion that the petitioner does not appears to be the owner of those recovered goats and she-goats on the basis of the said document. I have also examined the said document and mere perusal of it, would not show that the petitioner is the owner of the same so as to entitled to get on supurtnama.

Consequently, there is no merit in this petition and it is hereby dismissed.