Rajeev Singh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 723 of 2017 • Rajeev Singh S/o Bachchi Singh Aged About 32 Years Caste- Bhumihar, R/o Ramchandrapur (Lakhhisarai), At Present Gokul Nagar, Behind District Jail, District Korba, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Police Chowki- Rarumakhurd, Police Station- Dharamjaigarh, District- Raigarh, Chhattisgarh.
2. The District Magistrate, Raigarh, District- Raigarh, Chhattisgarh. ---- Respondents For Petitioner :
Shri Rahul Mishra, Advocate.
For Respondents/State :
Shri Vivek Singhal, Panel Lawyer.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 11/08/2017 Heard.
1. Learned counsel for the petitioner submits that his application for interim custody of the cattle seized in Crime No.44/2017 of P.S.-Dharamjaigarh for offence under Cruelty of Animals Act and C.G. Krishak Pashu Parirakshan Adhiniyam, 2004 was rejected. The trial is pending before the trial Court since 15.2.2017 and till date it has not been concluded. Section 7 of C.G. Krishak Pashu Parirakshan Adhiniyam, 2004 provides that the agricultural cattle shall be kept under the custody of some Goushala etc. and a monthly report has to be submitted before the concerned Court during the pendency of the trial.
2. This provision puts a bar Court to pass any order before the conclusion of the trial. Hence, this petition may be disposed of with a direction to the trial Court to conclude the trial in the case as early as possible.
3. Learned counsel for the State has no opposition in this petition.
4. Considering the submissions made and the facts of the case, this appears to be a proper course that the trial Court should be directed to dispose of the
case expeditiously so that the petitioner can claim for the interim/regular custody of the cattle seized, as per his entitlement.
5. Trial Court is directed to conclude the trial expeditiously preferably within a period of 3 months from the date of receipt of this order.
6. Accordingly, the petition is dismissed as disposed off at the motion stage itself. Sd/- (Rajendra Chandra Singh Samant) JUDGE Nisha