ROJAN ALI @ MOHAMMAD ROJAN THRU. HIS WIFE RAJIYA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NA528/847/2025 · 2025-07-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154198 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:44037 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 847 of 2025 Applicant :- Rojan Ali @ Mohammad Rojan Thru. His Wife Rajiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Gyanendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. Heard Sri Gyanendra Mishra, learned counsel for the applicant and Mohd. Asif Khan, learned AGA-I for the State and Sri Raj Kumar Maurya, Regional Forest Officer/opposite party No.2, who appeared in person through virtual mode. By means of instant application, applicant has challenged the validity of the remand order dated 15.07.2025 in range case No. 42 of 2025-26, under Sections 9, 39D, 40(2), 43(2), 48AB, 49M, 50, 51, 52 of Wild Life Protection Act, 1972 passed by the Chief Judicial Magistrate, Court No. 16, Sultanpur.
Learned counsel for the applicant has stated that applicant has already been released on bail and he does not want to press the application. The appearance of opposite party No.2 was ordered on 29.07.2025 as it had come to light that an elephant had been taken into custody, of which, the applicant was Mahavat. It was deemed proper to hear the opposite party No.2 for ensuring welfare of the elephant which is in his custody. The opposite party No.2 has informed that infurtherance of order dated 17.07.2025 passed by the trial court, the elephant has already been sent to Animal Rescue Centre, Mathura. He has also informed that the elephant cannot be released in favour of any private individual as law does not permit issuance of license for keeping an elephant as a domestic animal. With the aforesaid statement, it appears that necessary action has already been taken for ensuring the welfare of the elephant. In these circumstances, nothing remains to be decided in this petition. Accordingly, petition is disposed of leaving it open for all the parties to raise their pleas before the trial court through proper application.
Order Date :- 30.7.2025/Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench