Neutral Citation No. - 2025:AHC:20667 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 16123 of 2024 Petitioner :- Murshalin Respondent :- State of U.P. and Another Counsel for Petitioner :- Shams Uz Zaman Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. 2. Present petition has been preferred with the following prayer :- "An order or direction in the exercise of supervisory power vested in this Hon'ble Court under Article 227 of the Constitution of India, setting aside the order dated 11.10.2024 passed by the Session Judge, Baghpat in Criminal Revision No.140 of 2024, under Section 307/34 I.P.C. or 3/4/25/27 Arms Act, 3/11 Animal Cruelty Act, 2/9/39/44/49b/51 Wild life protection Act, 26(1)(j) Indian Forest Act and 4 Wild Birds and Animal Protection Act, Police Station Doghat, District Baghpat and also order dated 02.07.2024 passed by the C.J.M. court Baghpat." 3. A crystal clear evidence with regard to withdrawal of Rs.2,21,000/- is apparent from the statement of account appended along with the instant petition supported with an affidavit which is a photocopy of the statement of account issued by concerned bank under the same time it is also apparent from the F.I.R. itself that the petitioner has been implicated in pursuance to Section 3/4/25 Arms Act only and on the apprehension as recorded by learned Chief Judicial Magistrate, Baghpat that the amount whatsoever has been recovered from the petitioner is out of sale of products relating to prohibited animal. 4. Finding recorded by learned Chief Judicial Magistrate, Baghpat by rejecting the application dated 02.07.2024 is not in consonance with the allegation whatsoever has been put forward through the narration of the F.I.R. as well as implication of the petitioner also does not attract the apprehension of the learned Chief Judicial Magistrate, concerned. At the time of preferring Criminal Revision No.140 of 2024 while challenging order dated 02.07.2024, specific stand has been taken up by petitioner that the amount whatsoever has been recovered was the remaining amount which has already been withdrawn just a month before. 5. On the basis of the arguments extended by learned counsel for the petitioner as well as sufficient material has been submitted at the time of institution of the instant petition, order dated 02.07.2024 passed by Chief Judicial Magistrate, Baghpat and judgement and order dated 11.10.2024 passed by learned Sessions Judge, Baghpat are hereby set aside. 6. The released application preferring at the behest of the petitioner is hereby directed to decide by learned Chief Judicial Magistrate/ concerned court as fresh without having any self motion criteria for having the amount which has been recovered on the date of the incidence. 7. However, it is made clear that release application preferred at the behest of the petitioner shall be decided afresh on the basis of the documents appended along with the petition and the same has not been preferred along with release application, petitioner is hereby permitted to adduce the same before the learned court concerned. 8. The instant petition stands allowed, accordingly. Order Date :- 13.2.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad