Dhyan Foundation v. The State of Assam and 5 Ors

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P.O. KALIMA P.S. AND DIST. KARIMGANJ ASSAM-788712 5:LAILA BIBI W/O NIYAM @ NIJAM UDDIN R/O MANIKONA

P.O. KALIMA P.S. AND DIST. KARIMGANJ ASSAM-788712 6:DIPAN NAMASAUDRA @ MAZUMDAR S/O LATE RABINDRA NAMASUDRA KALIMA

P.O. KALIMA P.S. AND DIST. KARIMGANJ ASSAM-78871 Advocate for the Petitioner : MR. DITUL DAS, MS TINLUNG Advocate for the Respondent : PP, ASSAM,

:: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

19.12.2024

Heard the learned counsel Mr. D. Das appearing for the petitioner. Also heard Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam.

¶2This application has been filed under Section 528 of BNSS, 2023 praying for setting asides the orders dated 27.09.2023, 22.11.2023, 29.11.2023, 11.01.2024,

17.02.2024, 03.05.2024, 17.05.2024 and 11.06.2024 passed by the learned Chief Page No.# 3/3 Judicial Magistrate, Karimganj in respect of Karimganj P.S. case No.519/2023.

¶3The petitioner runs a Goshala at Karimganj in Cachar. At one point of time, the Border Security Force (BSF) seized 28 numbers of cows which were intended to be smuggled into Bangladesh. Since the petitioner has been running a Goshala, the BSF handed over 28 numbers of seized cows to the petitioner for their interim custody. After that, out of them, 23 numbers of cows had their natural death and 5 of them have already been taken away by police.

¶4Regarding the death of the cows, the petitioner produced death certificates before the learned Chief Judicial Magistrate, Karimganj. In spite of that, the learned CJM has been passing some orders on the basis of petitions filed by some other persons giving them the custody of those cows.

¶5Since seized cows have already died, according to the petitioner, the police took away its other cows.

¶6I have considered the submissions made by the learned counsel of both sides.

¶7After considering the materials available with the record, this Court is of the opinion that the learned Chief Judicial Magistrate, Karimganj unnecessarily passed all those orders without applying judicial minds. Therefore, all orders passed in respect of Karimganj P.S. Case No.519/2023 giving custody of seized cows to other people are set aside.

¶8The learned Chief Judicial Magistrate, Karimganj shall give an opportunity to the present petitioner to prove their case before passing orders of giving custody of seized cows. With the aforesaid direction, the present Criminal Petition is disposed of.

JUDGE Comparing Assistant