The High Court · 2025

Petition under section 482 of cr.p .c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleasedl to seli-side/ quash the Release order in paised GRL.MP..No.25l2o22in crime No. 37 oF 2022 on the fire of the First Addr. First Class Magistrate at SHADHNAGAR. Judl. l.A. NO: 3 OF 2022 Petition under section 482 of cr-p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to suspend the release order passed in Crl Mp No. 2512022, dt. 17-01-2022 in crime No.3712022, dated 13.01.2022 on the file of First Addt. Judicial First Class Magistrate at Shadnagar. l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to DISPENSE with filing of the original certified copy CRL MP..No. 2512022 in Crime No. 37 OF 2022 on the file of the First Addl. Judicial First Class Magistrate at Shadnagar. l.A. NO: 1OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant leave to the petitioner to file quash aggrieved the orders pleased in Criminal CRL.MP.No.25 ol 2022 in FlR.NO.37 oI 2022 (PS Shadnagar) on the file of First Addl. Judicial First Class.Magistrate at Shadnagar. This Petition coming on, for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bhoopathi Ranjith Kumar, Advocate for the Petitioner and Mrs. S. MAdhavi, Assistant Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE JUWADISRIDEVI CRIMINAL PETITIO N No.762 of 2022 ORDER: challenging the order, dated 22.01 .2022 passed in crr.M.p No.25 of 2022 in FrR No.37 0f 2022 by the rearned r Additionar Judiciar Magistrate of First class at shadnagar, this criminal petition is filed. By the impugned order, the learned Magistrate has granted interim custody of case property i.e., 2g oxes in favour of the 2nd respondent-accused No.3

2. Heard [VIr. Bhoopathi Ranjith Kumar, learned counsel for the petitioner and Mrs. s-Madhavi, rearned Assistant pubric prosecutor appearing for the respondent-state. There is no representation on beharf of respondent No.2. perused the record. !

3. The case of the prosecution, in brief, is that on .1301 .2022,whire rhe de facto comprainant was performing patroring duty at Raikar ro, Plaza, NH-44, he intercepted a lorry bearing No.Ap_21-T4_3636 proceeding from Hyderabad towards Jadcherra and found accused Nos..l and 2 in the crime have iregary roaded 2g oxes in the rorry and were transporting the same for the purpose of sraughtering, on the instructions of the 2nd respondent-accused No.3. Basing on the same, a case in Crime No.37 of 2022 was registered for the offences punishable under 2 Sections 11 and 3B(3) of Prevention of Cruelty of Animal Act' 1960 r/w Rule 56 of Trarrsport of Animal Rules, 1988'

4. After seizure, the livestock were given to the safe custody of the petitioner-Goshala. While so, the 2nd respondent-accused No'3 claiming to be the owner of the seized livestock has filed an application under Section 451 of Cr.P.C. i.e', Crl lvl P No'25 ot 2022 seeking interim custody of the said livestock' The learned Magistrate has ordered the StationHouseofficerofShadnagarPoliceStationtoreleasetheseized livestock in favour of the 2nd respondent-accused No 3 by the impugned order. Aggrieved by the 'said order, the petitioner-Goshala approached this Court by filing this criminal petition'

5. Learned counsel for the petitioner subnrits that the learned It/lagistrate has erred in granting interim custody of the seized livestock to the 2nd respondent-accused No'3, when.the charges of cruelty and slaughtering are against him' Though the transportation of 6 buffaloes is permitted, the accused have transported 32 buffaloes in one lorry' due to which, some of the animals got injured He further submits that if any animals are seized from the person ' who is accused of cruelty' the animals should be kept away from him and custody should not be handedovertothatperson.lfthecustodyofseizedlivestockisgivento the2ndrespondent-accusedNo.3pendingtrial,itamountstodangerto 3 the cattle' The triar court, without considering the said aspect has erroneously ordered interim custody in favour of the 2nd responden! accused No.3. Hence, he prayed to set aside and quash the impugned order. 6' Learned Assistant pubric prosecutor submits that the matter pertains to the year 2022. After compretion of investigation, the porice filed charge sheet, the same was taken cognizance and numbered as C.C.No.280 of 2022 and the same is pending at the stage of summons.

7. On a perusal of the record, admittedly, 29 oxes were transported in a single lorry and thereby,'they were forced to remain jam packed. lt is evident from the record that after seizure, 2g oxes were handed over to the custody of the petitioner-Goshara. on considering the facts and circumstances of the case, this Court, vide order, daled 04.02.2022, granted stay of operation of the impugned order, dared 22.01 2022, as the same is in vioration of the principre raid down by the Hon,bre supreme Court in Sfafe of u.p. v. Mustakeenl , which is in force till today. Even today arso, seized rivestock are in the custody of the petitioner-Goshara, as reported by the learned counsel for the petitioner as well as learned Assistant Public prosecutor. I SLP (Crt.) Nos.279 O,2793,2j94,2.j97 and 2800 of 1999 \ ln view of the foregoing discussion and in the absence of B. respondent No.2 establishing any arrangement made by him for preservation of cattle, the impugned order, dated 2201 2022 directing the station House officer of shadnagar Police Station to hand over the cusiody of 29 oxes to the 2ird respondent-accused No'3 does not stand foranyreason,asitisnotedthatcattleweretransporterlintotalviolation ofwelfarelaurenactedforanimals.andsincethisaslrectisfoundignored by the learned Magistrate, this criminal petition is liable to succeed' dated 22'01 '2022 passed in Therefore, the impugned .order, crl.tvl.P.No.25 of 2022 in FIR No.37 of 2022 by the learned I Additional Judicial Magistrate of First Class at Shadnagar is hereby set aside'

9. Accordingly, this Criminal Petition is disposec'l of in terms of the interim order, daled O4.02'2022 passed by this Court' Needless to say that the seized livestocl< shall be in the custody of the petitioner-Goshala till the conclusion of the trial in C C'No'280 of 2022 on the file of the I Additional Judicial Magistrate of First Class at Shadnagar' t Pending miscellaneous aPP lications, if anY, shall stand closed SD/- AHM D ABDU LLAH KHAN STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The First Addl. Judicial First Class Magistrate at Shadnagar 2. The SHO, Shadnagar PS' 3. Two CCs to the Public Prosecutor' High Hyderabad. Court for the state of Telangana at 4 One CC to Sri Bhoopathi Raniith Kumar' Advocate [OPUC]

6../s. twoCD CoPies og { ii t-- i- r,:r l: ,-l Ir? 2I JUt 2U5 - -Sl,/r- ^,.1 HIGH COURT DATED: 0810412025 ORDER CRLP.No.762 ot 2022 r / 4t I /r/l{ CRIMINAL PETITION IS DISPOSSED OF