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2022 DAILYLAW 3081 (RAJ)

VISHAMBHAR S/O JAGRAM v. STATE OF RAJASTHAN

CRLMP/10300/2022 · 2026-05-22

Anoop Kumar Dhand

Transfer Petitionbody2022

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 10300/2022 Vishambhar S/o Jagram, R/o Mudhauti, Tehsil Nagar, District Bharatpur. ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. J.S. Rathore-PP Mr. Gourav Gupta-Asstt. G.A. JUSTICE ANOOP KUMAR DHAND Order 22/05/2026 1. Aggrieved by the order dated 09.03.2022 passed by the District Collector, Bharatpur, the instant criminal misc. petition has been filed. 2. By passing the impugned order dated 09.03.2022, the District Collector Bharatpur has rejected the application submitted by the petitioner for getting supurdagi of the vehicle in question i.e. pickup bearing registration No. HR74-A-9418. 3. The aforesaid vehicle has been seized in the FIR No. 207/2021 registered with the Police Station Gopalgarh, District Bharatpur for the offences punishable under Sections 5 and 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 (for short, ‘the Act of 1995’). The petitioner submitted an application before (2 of 2) [CRLMP-10300/2022] the District Collector, Bharatpur and the same was rejected vide impugned order dated 09.03.2022. 4. The aforesaid order is appealable under Section 7(iii) of the Act of 1995 before the Divisional Commissioner but instead of filing an appeal, the petitioner has straightway approached this Court by passing the jurisdiction of the Appellate Authority. 5. Considering the fact that the order impugned is appealable under Section 7(iii) of the Act of 1995 before the Divisional Commissioner, on this count alone, the present petition stands disposed of, granting liberty to the petitioner to submit statutory appeal under Section 7(iii) of the Act of 1995 before the Divisional Commissioner. In case, such appeal is preferred by the petitioner within a period of thirty days from today, it is expected from the Appellate Authority to decide the same on merits expeditiously, as early as possible, ignoring the period of limitation. 6. Stay application and all pending application(s), if any also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/28