Crl. Misc.No.M 13784 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 13784 of 2010 Date of Decision:-09.11.2010 Hanish. ......Petitioner. Versus State of Haryana. ......Respondent. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Pankaj Mehta, Advocate, for the Petitioner. Mr. M.S. Sindhu, Additional Advocate General, Haryana. *** JASWANT SINGH, J.(ORAL) Prayer is under Section 482 Cr.PC for quashing of order dated 10.04.2010 passed by learned SDJM, Hansi as well as the order dated 26.04.2010 passed by learned Additional Sessions Judge, Hisar in revision petition against the order passed by the learned SDJM, Hansi whereby request for release of 9 calves on superdari was declined. Brief facts of the case are that petitioner-Hanish is the owner of nine buffaloes and nine calves which were recovered from the Crl. Misc.No.M 13784 of 2010 #2# possession of the accused Balwant Ram and Inam who were booked by the police in case FIR No.211 dated 5.4.2010 under Sections 11, 59 and 60 of Animal Cruelty Act registered with Police Station City Hansi. Petitioner being owner of the aforesaid buffaloes and calves filed application before the learned SDJM for release of aforesaid nine buffaloes and nine calves in his favour being their owner. Court of learned SDJM asked for the police report whereby police submitted that out of the aforesaid nine buffaloes and nine calves two calves had already expired on 06.04.2010. After hearing both the parties learned SDJM dismissed the application of the petitioner for releasing the aforesaid nine buffaloes and nine calves on superdari vide order dated 10.04.2010. The above said order was challenged by the petitioner before the court of learned Additional Sessions Judge (Fast Track Court) Hisar. After hearing both the parties the revision filed against the order dated 10.04.2010 of SDJM, Hansi was also dismissed by learned Additional Sessions Judge, Hisar vide order dated 26.04.2010. Petitioner-Hanish has filed the instant petition under Section 482 Cr.PC for quashing of both the aforesaid orders of learned SDJM, Hansi and learned Additional Sessions Judge, Hisar. Learned counsel for the petitioner has submitted that aforesaid buffaloes and calves may be released to the petitioner on superdari till the decision of the case. He has also submitted that the petitioner is ready to give the undertaking that if these buffaloes and calves are released on superdari, he shall produce them as and when required by the learned trial court Crl. Misc.No.M 13784 of 2010 #3# and he shall not sell or dispose off dispose off the aforesaid buffaloes and calves without the prior permission of the learned trial court. Learned State Counsel on instructions from ASI Mani Ram submits that challan in the present case has been filed. It is not in dispute that out of nine two calves have already died and that canter of the petitioner carrying buffaloes and calves was seized on 10.4.2010 and canter has already been released on superdari. In view of the aforesaid situation and taking into account the undertaking given by the learned counsel for the petitioner, as noticed hereinabove, the present petition is allowed and orders dated 10.04.2010 of SDJM, Hansi as well as order dated 26.04.2010 of learned Additional Sessions Judge, Hisar dismissing the revision petition are hereby set aside. Aforesaid buffaloes and calves are ordered to be released on superdari to the original owner on furnishing of superdari bonds and identification proof to the satisfaction of learned Illaqa Magistrate. It is further directed that during the pendency of trial, petitioner shall not sell or dispose of the aforesaid buffaloes and calves without prior permission of the learned trial court and shall produce the same as and when required failing which the amount of surety furnished by the petitioner-owner shall be forfeited to the State and he shall also be liable to face contempt proceedings. Disposed of in the above terms. ( JASWANT SINGH ) JUDGE 09th November, 2010 Vinay