Ashok Laxman Nikam v. The State Of Maharashtra

2025:BHC-AUG:16269 25-CrWP-227-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 227 OF 2025 ASHOK LAXMAN NIKAM

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Petitioner : Mr. Suraj P. Tiwari APP for Respondent No.1 : Ms. Chaitali Choudhari-Kutti Advocate for Respondent No.2 : Mr. Shrimant Mundhe ...

CORAM : KISHORE C. SANT, J.

DATE : 25-06-2025 PER COURT:- 1.

Heard the learned counsel for the parties for some time. 2.

Learned counsel for the petitioner fairly submits that he would deposit an amount as prescribed by Notification issued by Government of Maharashtra dated 03.05.2018 and circular dated 02.07.2019 issued by the Maharashtra Animal Welfare Board and he would restrict his claim only to release the vehicle in question. 3.

Learned counsel for respondent No.2/Gaushala submits that the petitioner is ready to pay that amount, Gaushala has no objection to release the vehicle.

4.

Learned A.P.P. opposes the application. However, this Court finds that the matter is in between the petitioner and respondent No.2.

25-CrWP-227-25.odt 5.

Considering the above submissions, this Court finds that the petition can be eventually disposed of by directing respondent No.2 that the vehicle be released on furnishing an ownership document and an affidavit to the effect that; (i) in no case the vehicle can be used for carrying animals in future, (ii) the petitioner would deposit an amount of Rs.23,750/- (i.e. Rs.950/- per day for period 21.10.2024 to 14.11.2024), (iii) he shall not transfer or alienate or create any third party interest over the vehicle and (iv) he shall produce the vehicle as and when directed by the learned Judicial Magistrate First Class, Kopargaon. 6.

The trial is expedited. The trial be completed as far as possible within six months from the date of receipt of this order. 7.

Further charge of Gaushala for care and maintenance, etc. shall be subject to the outcome of trial.

8.

The criminal writ petition stands disposed of in above terms. [KISHORE C. SANT] JUDGE rrd