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Joshine Antony v/s M/s Barafwala Cold Storage & Agro Processor & Others


Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659

Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791

Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809

Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010

Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712

Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864

Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698

Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524

Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843

Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956

Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777

Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708

Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373

Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536

Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373

Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274

Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964

Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532

Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544

Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987

Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040

Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374

Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239

Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601

Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250

Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355

Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618

Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478

Company & Directors' Information:- R N R PROCESSOR PRIVATE LIMITED [Active] CIN = U27320WB2002PTC095331

Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452

Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070

Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733

Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472

Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530

Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844

Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831

Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418

Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574

Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134

Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122

Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072

Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516

Company & Directors' Information:- V M PROCESSOR PRIVATE LIMITED [Strike Off] CIN = U72200WB2005PTC103401

Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616

Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068

Company & Directors' Information:- G. K. AGRO COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2011PTC212620

Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718

Company & Directors' Information:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884

Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998

Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673

    Criminal Appeal Nos.1591-1592 of 2018 (Arising out of S.L.P.(Crl.) Nos. 6505-6506 of 2018)

    Decided On, 11 December 2018

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE ABHAY MANOHAR SAPRE & THE HONOURABLE MS. JUSTICE INDU MALHOTRA

    For the Appellant: Noor Rampal, P.S. Sudheer, Harish Pandya, Ayush Anand, Daryl Menezes, Bharat Sood, Shubendu Anand, Advocates. For the Respondents: Chinmay Deshpande, Anirudh Sanganeria, Devadatt Kamat, AAG, V.N. Raghupathy, Javedur Rahman, Rajesh Inamdar, Aditya Bhat, Parikshit P. Angadi, Advocates.



Judgment Text

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed against the final judgment and order dated 28.06.2018 passed by the High Court of Karnataka, Circuit Bench at Dharwad in W.P.Nos. 102964 and 102965 of 2018 whereby the High Court disposed of the writ petitions with certain observations detrimental to the appellant's complaint in FIR No.45/2018, Mal Maruti Police Station, Belagavi.

3. The proceedings out of which these appeals arise have emanated on the strength of FIR No. 45/2018 registered at Mal Maruti Police Station, Belagavi.

4. It is in relation to commission of certain offences punishable under the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 against respondent No. 1. It is now pending for its final disposal in the Court of JMFC-II, Belagavi.

5. The aforementioned proceedings were challenged by respondent No. 1 in the High Court of Karnataka (Dharwad Bench) by filing the writ petitions. The High Court, by impugned order, disposed of the writ petitions with certain observations giving rise to filing of the present appeals by way of special leave by the complainant in this Court.

6. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to dispose of these appeals with an observation that the Investigating Officer (IO) of the case and the concerned Magistrate, who is trying the case will not be influenced by any observations made by the High Court while making and completing the investigation and trying the case on merits.

7. In other words, the IO and Magistrate concerned would proceed in the matter strictly in accordance with law on the basis of evidence and would not be influenced, in any manner, by the observations made by the High Court in the impugned order.

8. We have, however, refrained ourselves from going into the merits of the case at this stage in these appeals because we find that the IO and Magistrate are alread

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y seized of the matter. 9. With these observations, the appeals stand disposed of. We, however, direct the concerned Magistrate to finally dispose of the matter within a period of six months from the date of this order.
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