The High Court · 2025

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 set-a-side/q u ash the proceedlngs in CRLMP NO 669 of 2025 in CR.NO. 244 of 2025 PS NADIGAI/A DATED 24-9-2025, on the file of in the Court of Prl.Junior Civil Judge-Cum-Judicial l\4agistrate Of First-Class At Shadnagar, Ranga Reddy Distric. 7q l.A. NO:2OF 2025 Petition under Section 528 of BNSS praying that tn the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to suspend the orders vide CRLMP NO 669 of 2O25 in CR. NO. 244of 2025 DATED. 24-g-2o25PS ruAotCnun ,on the file of lN THE COURT OF PRL.JUNIOR CIVIL JUDGE-CUIM-JUDICIAL I/AGISTRATE OF FIRST-CLASS AT SHADNAGAR, RANGA REDDY DISTRICT This Petition coming on for hearing, upon perusinq t'e l\lemorandum of Grounds of Criminal Petition and upon hearing the a'p'. rlents of Sri G L NARASIIVIHA RAO Advocate for the Pet tioner and Sri Jite' i-'r Fiac \,/e:ramalla the Public Prcsecutor on behalf of the Respondent No.1 ai( "roTre apDeared for the Respondent N o.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA I CRIMINAL PETITION No.14122 of 2025 ORDER 1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking the Court to set-aside the orders daled 24.09.2025 passed in Crl.M.P.No.669 of 2025 in Crime No.244 of 2025, on the file of the learned Principal Junior Civil Judge -cum- Judicial lMagistrate of First Class at Shadnagar, Ranga Reddy District.

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 herein is a Gowshala represented by its Sevak and that interim custody of animals is given to the said Goshala to meet the expenses of maintaining the said animals. Under Rule 5( ) 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 Gowshala. t I 2 ETD,] Crl P. 0.14122 oj 2025

4. Learned counsel further submitted that in viole iion of the said Rule, the learned rrial Court passed orders in (11 l,/.P No.669 cf 2025 in Crime No.244 of 2O25, dated 24fi9.2025 , ranting interim custody of the vehicle to the petitioner therein/owne - :f the property, which is not just and proper in the eye of law and thc :fore 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 ri e owner of the vehicle even if he is not an accused but it shoukl be given as a security to the Gowshala which is maintaining the anir rals herein

6. Perused the record. The petition vide Crl.M.F . rlo.669 of 2025 in Crinre No.244 of 2025 was allowed by the Trial Court granting interim custody of the vehicle to the petitioner the 'ein subject to certain conditions. Rule 5 of Prevention of Cruelty c Animals Act, 1960 is extracted hereunder for the sake of referenr:r: Execution of bond:- (1) The lvlagistrate wtte r over the custody of animal to an infirmary, pinjarapc I Animal Welfare Organisation or Gaushala shall det -, amount which is sufficient to cover all reasonable co; and anticipated to be incurred for transporl, mainten treatment of the animal based on the input provid ) iEisdictionat veterinary officer and shall direct the accLi) owner to execute a bond of the determined value v,/t I handing , SPCA, nine an tncurred nce and ' by the and the surelles ETD,I C.P-No.14122ol2025 within three days and if the accused and owner do not execute the bond, the animal shall be foieited to infirmary, pinjrapole. SPCA, Animal Welfare Organisation or Gaushala. (2) The infimary, pinjrapole, SPCA. Animal Welfare Organisation or Gaushala having the custody of the antmal may draw on from the bond on a foftnightly basis the actual reasonable cost incurred in caring for the animal from the date it received custody till the date of final disposal of the animal. (3) The Llagistrate shall ca for the accused and the owner to execute additional bond with sureties once eighty percent of the initial bond amount has been exhausted as cosl for caring for the animal. (4) Where a vehicle has been involved in an offence, the hlagistrate shall dkect that the vehicle be held as a security. ln case of offence relating to transporl of animals, the (5) vehicle owner, consignor, consignee, transpofter, agents and any other paiies involved sha be jointly and severally liable for the cost of transpott, treatment and care of animals- /n cases where a body corporate owns the animal, the (6) Chief Executive Officer, President or higheslranking enployee of the body corporate, the body corporate and the accused shall be jointly and severally liable for the cosl of transport, treatment and care of the animal. (7) /n cases where the Government owns the animal, the Head of the Depaftment and the accused shall be jointly and severally liable for the cost of transporT, treatment and care of the animal. (8) lf the owner and the accused do not have the means to furnish the bond, the lvlagistrate shatl direct the local authority to 1 \ 4 ETD,I C .P.No.14122 oJ 2025 undertake fhe ccsfs involved and recover the same a: !and revenue." 'rears of

7. Thus, in view of Rule 5 of the Prevention of C- elty to Animals Act, 1960, the Trial Court is not supposed to grant irr, :rim custody of the vehicle to the petitioner therein. lnstead, it has o be kept as a security to the Gowshala. Hence, the orders pasr; ,d by the Trial Court are liable to be set-aside. B. ln vrew of the aforesaid discussion, the Cri,r inal petition is allowed setting aside the orders dated 24.09.2( 25 passed in Crl.M.P.No.669 of 2025 in Crime No.244 of 2O2S , rt r the file of the learned Principal Junior Civil Judge -cum- Judici;l Magistrate of First Class at Shadnagar, Ranga Reddy District.

9. Miscellaneous petitions pending, if any, shall s:i nd closed. SD/- P.CH.I IAGABHUSHAMBA t) ,PUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, At Shadnagar. Ranga Reddy Distric. 1 The Court of Prl Junior civil Judge-cum-Judicial Ma(li ;trate of First-Class 2 T ne SHO. p5 5u6,3igama. District Cyberabad. 3 one cC to sR' G JURqRS|iUIR RAO Advocate [OPtl' :] -. a Sil$bo-to sRl PUBLIc PROSECUToR Advocate [QFt s] \ eu\ \ 5. Two CD Copies GE/PSL \1r HIGH COURT DATED:31/1 0/2025 ORDER CRLP.No.'14122 of 2025 /a i 11 ;::L W \ .\ {:s' ' -c' --: :-:=; i' ./ ;/ ALLOWING THE CRLP WITHOUT COSTS AccP'9"6 l\6 ,ff{,, I I I ] j : i I I I I i t I t t i l I I I I I E ! E i ! I : :