NON­REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL Nos.1591­1592 OF 2018 (Arising out of S.L.P.(Crl.) Nos. 6505­6506 of 2018)

Joshine Antony             ….Appellant(s)

VERSUS

M/s Barafwala Cold Storage &  Agro Processor & Ors.     ….Respondent(s)      

J U D G M E N T

Abhay Manohar Sapre, J.

1. 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

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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

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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

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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 already 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.   

  ………...................................J. [ABHAY MANOHAR SAPRE]

                                  …...……..................................J.                        [INDU MALHOTRA]

New Delhi; December 11, 2018  

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