Radheshyam Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P.No.566 of 2018 Radheshyam Mishra S/o. Bhanuprasad Mishra, R/o. Village - Bhathi, Post, Police Station & Tahsil - Hanumna District Reewan (M.P.) : at present - Pandari, Raipur, Through Vivek Tiwari S/o Komal Prasad Tiwari, R/o Village - Panduka, Tahsil-Rajim, District Gariyaband (CG) ---Petitioner

Versus

State of Chhattisgarh Through District Magistrate, Bemetara, District (Revenue & Civil)-Bemetara (CG) ---Respondent For Petitioner :

Mr.Sumit Jhanwar, Advocate For Respondent :

Mr.Ravi Bhagat, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 19/06/2020

1. Proceedings of this matter have been taken up through video conferencing.

2. The petitioner's application for interim custody of vehicle in question has been rejected by the trial Court and affirmed by the revisional Court, against which, this CrMP has been filed.

3. In view of Section 6(2) and (3) of the Chhattisgarh Agricultural Cattle Preservation Act, 2004, before expiry of six months, vehicle seized shall not be released and in the instant

case, six months period has already been expired. The petitioner is at liberty to file a fresh application before the trial Court for interim custody of vehicle.

4. Needless to say that if such an application is filed, the trial Court would do well to consider and decide the same on its own merit in accordance with law, expeditiously.

5. With the aforesaid observation, the instant CrMP finally stands disposed of.

Sd/- (Sanjay K. Agrawal) JUDGE B/-