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2025 DAILYLAW 44328 (RAJ)

SAKIR HUSSAIN S/O JAAN MOHAMMAD v. STATE OF RAJASTHAN

CRLMP/6277/2025 · 2025-11-25

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:47797] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6277/2025 Sakir Hussain S/o Jaan Mohammad, R/o Raniallakhurd 277, Palval, Police Station Utaval Mod, Tehsil Hatin, District Palval, Haryana. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Dilip Singh S/o Vijay Singh Charan, R/o Ganeshpura, Datwas, Tonk, Rajasthan, Presently Asi P.S. Deoli, Deoli, Tonk, Rajasthan. ----Respondents For Petitioner(s) : Mr. Umesh Dixit For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 25/11/2025 1. By way of filing this criminal misc. petition, a challenge has been led to the impugned FIR No.201/2025 registered with the Police Station Deoli, District Tonk for the offences under Sections 3, 5, 6, & 8 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 and under Section 11 of the Prevention of Cruelty to Animals Act, 1960. 2. Counsel for the petitioner submits that the allegations levelled in the impugned FIR states that certain bovine were found in the vehicle of the petitioner in a dead/unconscious condition, but in-fact not a single bovine was recovered from the place of occurrence, hence under these circumstances, it is clear that the petitioner has been falsely booked in the [2025:RJ-JP:47797] (2 of 3) [CRLMP-6277/2025] instant case, as the ingredients of the alleged offences are not made out. Counsel submits that if at all any bovine was recovered, then certainly the same should have been handed over to the Go-rakshak, but in the instant case, all these things have not been done by the Investigating Officer, hence the impugned FIR is liable to be quashed. 3. Per contra, learned Prosecutor opposed the prayer and submitted that bovine animals were there in the vehicle of the petitioner and this fact was recorded in the Video, but when the ropes were untied from the animals, they ran away. Counsel submits that the contents of the FIR reveal commission of a cognizable offence, hence the matter is required to be investigated by the Police, therefore interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Perusal of the impugned FIR reveals that the allegations levelled therein discloses commission of cognizable offence and the matter is required to be investigated by the Investigating Agency. This Court while exercising its inherent powers contained under Section 528 of the BNSS cannot adjudge the correctness and genuineness of the allegations at this stage. 6. Considering the above, this Court finds no valid reason to entertain this criminal misc. petition, hence the same is hereby rejected. [2025:RJ-JP:47797] (3 of 3) [CRLMP-6277/2025] 7. The stay application and all pending applications, if any, also stand rejected. 8. However, the petitioner would be at liberty to take all available defence at the appropriate stage of the trial. (ANOOP KUMAR DHAND),J KuD/51