Sri Dharmashashtra Goushala Foundation v. The State of Telangana

Sri Dharmashashtra Goushala Foundation, Rep by its President Badara Surya S/o Bandari Mallaiah Age 24 years H No 10637 Yadav Nagar Sutthanabad Mandal Pedapatli. AND 1 I The State of Telangana, Rep by Public Prosecutor High Court of Hyderabad. Devi Sharadha, Wo.Kanakaiah, Age. 43 yrs, Occ. business, R/o.H.No. 2-'1 17l l,Endlapalle, mandal Endlapalle, Karimnanagar. ...Petitioner/Third Party ...Respondents/Petitioner/Complai nant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertain to the orders dated 25-06-2025 in CRLMP.NO. 417 OF 2025 lN Crime. No.66 OF 2025 P.S.tandur on the file of Junior Civil Judge -Cum-Judicial Magistrate First Class At Bellamapalli and quash /set-a-side the same as abuse of the process of Law. l.A. NO: 2 OF 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 pleased to suspend the by to the orders dated 25-06-2025 in CRLMP.NO.417 OF 2025 lN Crime. No.66 OF 2025 P.S.tandur on the file of Junior Civil Judge - Cum-Judicial Magistrate First Class At Bellamapalli and quash /set-a-side the same as abuse of the process of law. 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 Mr.Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and Mr-P.Ramulu, Advocate for the Respondent No.2. The Court made the following: ORDER I t / I / // "/ THE I.IO NOURABLE SRI JUSTICE N.TUKAR,!.MJI CF.IMINAL PETITION No.8278 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for shorf BNSS, 2023'.1 with a ptayer to set aside the clocket order dated 25.06.2025 in Crl.N'|.P.No.417 ot 2025 in Crime Nc. 66 of 2025 (PS Tandur, Ramagundam), passed by the learned Junicr Civil Judge-cum-Judicial Magistrate of First Class, Bellampalli

I have hea'd Mr. G.L. Narasimha Rao, learned r:ounsel for the petitioner and lVlr Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No. 1 -State. Mr. P.Ramulu, learned counsel, appeared and submitted that he proposed to file Vakalath on behalf of respondent No.2

Learned c runsel for the petitioner would submit that as per t \ Rule 5 of (iv) ancl (v) of the Prevention of Cruelty to Animals (Care and Maintenance of Case Prope(y Animals) Rules, 2017, whenever a vehicle is involved in the offence, the Magistrate shall keep the vehicle as security, and the owner, consignor, consignee, transporter, agents and any other parties involved shall bear the cost of transport, treatment and c;rre of the animals. However, the Court below without t I i I I I I 2 CrLl>.N0.8278 o12025 ^^\ \ considering these stipulations released the vehicle and granted interim custody of four Bullocks. Thus, prayed for remanding the matter for fresh consideration

Having considered the submissions, the rule position and absence of reference as to the prescribed aspects in the rules, this Court is of the considered view that, the order dated 25.06.2025 in Crl.M.P.No. 417 o'f 2025 in Crime No. 66 of 2025 (PS Tandur, Ramagundam), passed by the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bellampalli, is liable to be set aside and relegating the matter to the trial Court for fresh consideration is found proper. Accordingly, ordered.