The High Court · 2025

...RESPONDENTS Petition under section 52g of BNSS Act praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to set- a- side/ quash the proceedings in cRLMp No 245 of 2o2s in cR. NO. 120 0t 2025 in CC. No. 936 0F 2025 pS chitiyar on the fire the Judiciar Magistrate First Class - Cum- Junior Civil Judge At Nalgonda t.A. NO: 2 oF 2025 Petition under section 529 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminai pJtition,tne Hioh court mav ha ql""!"d to suspend the orders vide cRLMp No 244 6izoii i"tn. ricj'ii6 2025 in CC. N0. 936 OF_ 2o2S pS Chitiyat on the fite Honbte LUOrbrni ""r MAGTSTRATE FrRST CLASS - CUM- JUNTOi Crvrr_.luoce nr Nrn1ccir.r5e]',"' This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri G.L.NARASTMHA RAO, Advocate for the petitioners and the Additionar pubric Prosecutor (TG) on behalf of the Respondent No.1. and none appear for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.l2820 ot 2O25 ORDER:

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to set- aside the orders dated 26.06.2025 passed in Crl.M.P.No.245 ot 2025 in Crime No.120 of 2025 (CC.No.936 of 2025), on the file of the Judicial Magistrate of First Class-cum-Junior Civil Judge, Nalgonda, in granting interim custody of the vehicle to the petitioner therein.

2. Heard Sri G.L.Narasimha Rao, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. Learned counsel for the petitioner submits that the petitioner is representing Goshala and that interim custody of animals is given to the said Goshala and to meet the expenses of maintaining the said animals, under Rule 5(4) of Prevention of Cruelty to Animals Act, 1960, the Magistrate has to direct that the vehicle should be held as a security by the concerned Goshala.

4. Learned counsel further submitted that in violation of the said Rule, the learned Trial Court passed orders in Crl.M.P.No.245 of 2 FTD,I Cd.P.No.12820 ol2025 2025 in Crime No.12O of 2025 (CC.No.936 of 2025), dated

26.06.2025 granting interim custody of the vehicle to the petitioner therein/owner of the property, which is not just and proper in the eye of law and therefore prayed to set aside the said orders.

5. The learned Additional public prosecutor has submitted that the interim custody should not be handed over to the petitioner even if he is not an accused but it should be given as a security to the Goshala which is maintaining the animals herein.

6. Perused the record. The petition vide Crl.M.p.N o.245 of 2025 in Crime No.120 ot 2025 (CC.No.936 of 2O2S) was ailowed by the Trial court granting interim custody of the vehicle to the petitioner therein subject to condition of filing of original motor cycle i.e., Goods Carriage LMV with registration No.TS-12-UD-967g of p.S.Chityal. Rule 5 of Prevention of Cruelty to Animals Act, 1960 is extracted hereunder for the sake of reference. '5. Execution of ond:- (1) The Magistrate when handing over the custody of animal to an infirmary, pinjarapole, S?CA, Animal Welfare Organisation or Gaushala shall detemine an amount which is sufficient to cover att reasonable cost incuned and anticipated to be incurred for transport, maintenance and treatment of lhe animal based on the input provided lty the jurisdictional veterinary officer and shalt direct the accusd anct the owner to execute a bond of the determined value with sureties 3 EfD'J Ot.P.No.12820 ol 2OE within three days and if the accused and owner do not execute the bond, the animal shall be foieited to infirmary' pffiapole' SPCA' Animal Wetfare Organisation or Gaushala' The infirmary, pinirapote' SPCA' Animal Welfare (2) Organisation or Gaushata having the custody of the animal may draw on from the bond on a foftnightly basis the actual reasonable cost incuned in caing for the animat from the date it received custody titl the date of final disposal of the animal' The Magistrate shall calt for the accused and the owner to (3) execute additionat bond with sureties once eighty percent of the initial bond amount has been exhausted as cost for caing for the animal. (4) Where a vehicle has been involved in an offence' the Magistrate shatl direct that the vehicle be held as a security' ln case of offence relating to transport of animals' the (5) vehicle owner, consignor, consignee, transpoier' agents and any other pafties involved shalt be iointty and severally liable for the cost of transpotl, treatment and care of animals' ,n cases where a body corporate owns fhe animal' the (6) Chief Executive Officer, President or highesl-ranking employee of the body corporate, the body corporate and the accused shall be jointty and severally liable for the cost of transport' treatment and care of the animaL /n cases where the Government owns the animal' the (7) Head of the Depaftment and the accused shalt be iointly and severally liable for the cost of transpott, treatment and care of the animal. lf the owner and the accused do not have the means to (8) furnish the bond, the Magistrate shatt direct the local authority to 4 ETD.I crl_P.No.12820 of 2025 undeftake rre costs involved and recover the same as arrears of land revenue."

7. Thus, in view of Rule 5 (4) of the prevention of Cruelty to Animals Act, 1960, the Trial Court is not supposed to grant interim custody of the vehicle to the petitioner therein. lnstead, it has to be kept as a security to the Goshala. Hence, the orders passed by the Trial Court are liable to be set-aside. L ln view of the aforesaid discussion, the Criminal petition is allowed setting aside the orders dated 26.06.2025 passed in Crl.M.P.No 245 ot 2O2S in Crime No.120 of 2025 of p.S., Chityata (CC.No.936 oI 2025, on the file of the Judicial Magistrate of First Class-cum-Junior Civil Judge, Nalgonda). I As a sequel, miscellaneous petitions, pending if any, shall stand closed SD/- A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR 6 /,TRUE COPY// SECTION OFFICER To,

1. The Judicial Magistrate First Class - Cum- Junior Civil Judge At Nalgonda. 2. The SHO. PS Chityal, Chityal. 3. One CC to SRI. G L NARASIMHA RAO Advocate IOPUC] 4 Two CCs to Additional PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad[OUT]

5. Two CD Copies. GE/PSL Pr^q. I I (.oR ,4 20wM ((\ 2 o + { ,,1TcHF-o a HIGH COURT DATED:06/10/2025 ORDER CRLP.No.12820 of 2025 ALLOWING THE CRLP WITHOUT COSTS. r-r lLrlzS