The High Court · 2025

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION NO: 26 15 0F m25 Between: Srr Thrr Nethra Radha Gopalal Kirshna Goshala, Rep'By Secretary, Sri Cnrlukurr Umakanth, Slo sri'Narayana, Age 43 Yrs, Occ: Gowsevak' R/o: 1- io-ita, aarrri"isii,kagnaznagar, kumarehbheern Asifabad District' ...PETITIONER/3,d PARTY AND 1 2 3 4 The State of Telangana, rep by Public Prosecutor' High Court of Hyderabad ...RESPONDENTrcOMPLAINANT tvlohammad Waiid Ali. S/o Layak Ali, age. 38years Caste' Mus m Occ [rlor,"r R/o. N'arsingi Medak Dist ce'!1.7702823700, l\ilohammad Dastagiri, S/o Thaioddin, age.45years, Occ Driver' R/ o' H No'2- iffil, p;h".til-n"rgbi siooidet Distrdt.cel i -ees1 707886 MD Abdul Nabi, S/o Nijamoddin, Age. 30y9q1s. -Occ Jriapaity Mandai, Peddai:alli District. Ce11 9347117049 Labour H No 8-21l a' ...RESPONDENT/ACCUSED/OWNERS Petltion under Section 528 of BNSS, praying that in the Clrcumstances statedintheMemorandumofGroundsofcrirninalPetition,theHrghcourtmay U" pr"r."o io Set aside/ Quash the proceedings vide Dis patch No' 173 oI 2025 in iar1rrp NO 12 of 2024 in Cr.No. 141 of 2024 Dt.7-1-2025 passed in Crtme r.ro, r+r of 2024 (Kaghaznagar Rural) on the file of the Court of the Junior Civil Judge -Cum-Judicial Magistrate First Class at Sirpur -T' l.A. NO: 3 OF 2025 Petrtron under Section 528 of BNSS, praying that in the crrcumstances stated rn the Memorandum of Grounds of criminal Petition the Hrgh court may vide Dis patch No 173 of ["'prL"..O to Suspend the orders the proceed ings ZOz"s i" CnLftfp NO. 12 of 2024Dl 7-1-2025 passed in Crime No 141 OF 2024 irirgnr.^rgri |-rrri1 on the file of the Court of the Junior Crvrl Judge -Cum- Judicial Magistrate First Class at Sirpur -T' . This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G L NARASIMHA RAO, Advocate for the Petitioner and sri. E GANESH, Additional Public Prosecutor, on behalf of the Respondent No.1 artd none appeared for Respondent Nos 2 to 4 The Court made the following: OROER 7 / THE HON'BLE SRI JUSTICT E.V' VENUGOPAL CRIMINAL PEf,ITION No.26 15 0F 202s OR DER: ThisCriminalPetitionisfiledaggrievedbytheorderdated 07.Ol.2(]25in Crl.M'P'No '12 of 2024 in Crime No'141 of 2024 lof P.S. Kaghaznagar Rural) on the file of the learned Junior Civil Judge-cum-Judicial Magistrate First Class' at Sirpur-T (for short' .,the trial Court") wherein and whereby, the learned Judge had granted interim custody of fourteen (14) Bulls to the petitioner by imposing certain condit ions' 2. Heard Mr. G L N arsimha Rao' learned counsel for the petitioner and Mr'E Ganesh' learned Assistant Public Prosecutor appearing for respondent No' 1-State'

3. Learned counsel for the petitioner submits that the seized animals are in safe custody with petitioner's Gowshala; that their custody cannot be entrusted to unofficial respondent Nos'2 to 4' when the charges o[ cruelty and slaughtering are levelled against them; Relying on the decision passed by the Holble Supreme L 2 Court in Animal Welfare Board of India tils. A.Nagaraja and Othersr he seeks to pass appropriate orders.

4. Learned Assistant Public Prosecutor submits that the petitioner is not a party to the criminal procer:dings; that upon a request made by respondent No.l-Police, 1fr,: petitioner became the care taker of subject bulls; that apart, til. date, the petitioner has not filed any implead petition before the, trial Court seeking to implead him as party to the impugned prc,ceedings. Therefore, the petitioner has no locus standi to seelr for quashment of impugned proceedings. Hence, he submits that this Criminal Petition is not maintainable and seeks to d tsmiss the Criminal Petition.

5. The operative portion of the order dated t17.01.2O25 in CrI.M.P.No.12 of 2024 in Crimc No. 141 of llO24 (of P.S. Kaghaznagar Rural) on the lile of the trial Crourt is extracted as here under:- "... it is a ht case to grant interim custodl,' of the (14) Bulls (Pancha Rangulul to the petitioner with the following conditions:- (0 The petitioner/owner shall execute a p,3rsonal bond for Rs.7,O0,OOO/- (Rupees Seven Lakhs only) with,tne surety. I Civit App€al No.5387 ol20l4 ((r, Sfecral [-cave Petrrron Crvrl No. 102 i I of 2009) / 1' I r 1 ,/ (ii) (iii) The Petrtioner/ owner shall give an undertaking that he will not dispose off/alienate/ pledge rhe said bulls and produce the said bulls as and when required by this Court. The Kaghaznagar Rural police are directed to tale photos while returning the property to the petitioner/owner and submit the photos along with CD before this Court. The petitioner/owner shall pay the costs ol the photos & CD. 6 For better understanding Section 3 of prevention of Cruelty to Animals Act, 1960 is extracted as under:-

3. Duties of persons having charge of animals.-It shall be the duty o[ every persor.l having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or su ffering_ 7 . Having regard to the submissions of both the learned counsel and upon careful scrutiny of the materia] available on record, this Court deems it appropriate to set aside the imprrgned order dated 07 .O1.2O25 in Crt.M.p.No.12 of 2024 in Crirne No.141 of 2024 (of P.S. Kaghaznagar Rural) on the file of the learned Junior Civil Judge-cum-Judicial Magistrate First Class, at Sirpur-T, drrecting the petitioner to frle an appropriate application seeking to implead him as party to the impugned proceedings and the trial Court to conduct the proceedings afresh by affording an opportunitv to the petitioner, to implead himself to put forth his case and pass appropriate orders, as per law. f ! i I i 4

8. With the above direction, this Criminal Pt'tition is allowed and remanded back to the trial Court for fresh .:onsicleration, in accordance with law. SD/- V.KAVITHA OEPUTY REGISTRAR //TRUE COPY// sEcro\I blrrcen To,

1. The Junior Civil Judge -Cum-Judicial Magistrate First Class at Sirpur-T 2. The Station House Officer, Kagaznagar Rural P.S ' Ktrmarernbheem Asifabad District.

3. One CC to SRl. G L NARASIMHA RAO Advocate [OFUC] 4. Two CCs to PUBLIC PROSECUTOR High Court for t1e State of Telangana

5. Two CD CoPies MKN/PSLw i ' HIGH COURT DATED:27t0612025 I e :i Ta \- 'Q4 \'ir ( ,,\ .l i ti a't/ ORDER CRLP.No.2615 ot 2025 16 SEP li$6 ,_i Dt'::nhlf " ,. "--: -_-:!_-- , ..i.t 't-/t, \ ALLOWING THE CRIM!NAL PETITION .,dd I Xt^.