Court : Jharkhand
Reported in : 2008CriLJ3350; [2008(2)JCR41(Jhr)]
..... hence he did not take any cognizance of the said offence, still the petitioner has been summoned to face trial not only for the offence under section 11 (1)(a)(b)(c)(e)(f)(g)(h)(i) and (1) of the prevention of cruelty to animals act but also under section 429 of the indian penal code and therefore, any insertion of the offence under section 429 of the indian penal code in the summon under the facts and circumstances stated above is an error which may have crept ..... of the indian penal code but still the petitioner and other accused persons have been summoned to face trial for the offences under the prevention of cruelty to animals act and also under section 429 of the indian penal code, though in the facts and circumstances of the case, there would be no application of section 429 of the indian penal code and thus, the impugned order is fit to be set aside as there would be abuse of the process of law ..... --whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.7. .....
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