The High Court · 2025

petition under Section 528 of BNSS praying tnat irl tne circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may U" pf"ut"O to set-a-side/ quash the procee-dings- in CRLMP NO 668 of 2025 in CR.No24Ool2025PSNadigamaDaled.24tgl2O25,onthefileofinTheCourt ot piin"ipar Junior Civil JJdge-cum-J udicial Magistrate of First-Class at Shadnagar, Ranga ReddY District I.A. N o'.2QF 2025 PetitionunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may O" frlr."O to suspend the orders CRLMP NO 668 ol 2025 in CR NO 240 of iOzi es r.rroigama Dated. z4tgt2o25 on the file of in The Court of Prl Junior Civil JrJg" *r-Lriicial Magistrate of First-Class at Shadnagar' Ranga Reddy District l.A. NO: 1 OF 2025 Petition under section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of criminal petitior, the High court may be pleased to grant leave to filing of the present quash r) rtition iggrieved the orders GRLMP No 668 of 2025 in cR.No. 240 of zo2s t s Nadigama Dated. 241912025 on the fite of in The court of prl.Junior civ I Judge-bum-Judicial Magistrate of First-Class at Shadnagar, Ranga Reddy Distr c : This Petition coming on for hearing, upon perusing he Memorandum of Grounds of criminal Petition and upon hearing the ar: rments of Sri G L NARASIIMHA RAo, Advocate for the petitioner and SFi JITHENDER RAo vEERAMALLA, Additionar public prosecutor on behalf of t re Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER , , e! sh. THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.1412 3 ot 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 24.0g.2025 passed in Crl.M.P.No.668 of 2025 in Crime No.240 of 2025, on the file of the learned Principal Junior Civil Judge -cum- Judicial Magistrate 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. Un$er Rule 5(a) 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. /I !rr-\ ,*-'r.t 2 ETD,l C .P No.14123 ol2025

4. Learned counsel further submitted that in violal on of the said Rule, the learned Trial Court passed orders in Crl. /.P No.66B of 2025 in Crime No.240 of 2025, dated 24-09.2025 '; anting interim custody of the vehicle to the petitioner thereiniowner t f the property, which is not just and proper in the eye of law and the'r fore prayed to set aside the said orders.

5. The learned Additional Public Prosecutor has ;ubmitted that the interim custody should not be handed over to tlt I owner of the vehicle even if he is not an accused but it should le given as a security to the Gowshala which is maintaining the anir als herein.

6. Perused the record. The petition vide Crl.M.P I lo.668 of 2025 in Crime No.240 of 2025 was allowed by the Trial )ourt granting interim custody of the vehicle to the petitioner thrr ein subject to certain conditions. Rule 5 of Prevention of Cruelty t I Animals Act, 1960 is extracted hereunder for the sake of reference. Execu ion of bond:- (1) The Magistrate when handing over the custody of animal to an infirmary, pinjarafo e SPCA, Animal Wetf are Organisation or Gaushala shalt dete t nine an amount which is sufficient to cover all reasonable cost incurred and anticipated to be incurred for transpott, mainterie -tce and \reatment of the animal based on the input provid€( by the 1\iisdictional veterinary officer and shall direct the accu:( and the owner to oxecule a bond of the determined value wit\ sureties I I 3 ETD.I C .P.No.1412i oJ 2025 within three days and if the accused and owner do not execute the bond, the animal shall be forleited to infimary, pinjrapole, S?CA, Animal Welfare Organisation or Gaushala. (2) The infirmary, pinjrapole, SPCA, Animat Wetfare Organisation or Gaushala having the custody of the animat may draw on from the bond on a fo nightly 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) execute additional bond with sureties once eighty percent of the The Mlagistrate shall call for the accused and the owner to initial bond amount has been exhausted as cosl for caring for the animal. (4) Where a vehicle has been involved in an offence, the Magistrate shall direct that the vehicle be held as a security. (5) ln case of offence relating to transpott of animals, the vehicle owner, consignor, consignee, transpofter, agents and any other pafties involved shall be jointly and severally liable for the cost of transpott, treatment and care of animals. (6) /n cases where a body corporate owns the afimal, the Chief Executive Officer, President or highgst-ranking employee of the body corporate, the body corporate and the accused shall be jointly and severally liable for the cost of transporl, treatment and care of the animal. (7) /n cases where the Government owns thb animal, the Head of the Department and the accused shall be jointly and severally liable for the cost of transpoft, treatment and care of the animal. (8) furnish the bond, the ilagistrate shall direct the local authority to If the owner and the accused do not have the means to 4 ETD,J Crl-P.No 14123 ol2025 undeiake the cosls invotved and recover the same as z rears of land revenue."

7. Thus, in view of Rule 5 of the Prevention of Crrl )lty to Animals Act, 1960, the Trial Court is not supposed to grant inlt rim custody of the vehicle to the petitioner therein. lnstead, it has t security to the Gowshala. Hence, the orders pass: ) be kept as a j by the Trial Court are liable to be set-aside.

8. ln view of the aforesaid discussion, the Crirr nal Petition is allowed setting aside the orders daled 24'09 2) Z5 passed in Crl.M.P.No.66B of 2025 in Crime No-240 o'f 2025 at I the matter is remanded back to the Court of Principal Junior Ci't Judge -cum- Judicial tVlagistrate of First Class at Shadnagar, Ranga ReddY District, for fresh consideration.

9. [t/iscellaneous petitions pending, if any, shall str ,nd closed. SD/. T.SRINIVASA REDDY ASi: IISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To, 2 1 The Court of Principal Junior Civil Judge-cum-Judicia /lagistrate of Firsl crLJ"isriii"isar, Ransa Reddv District The Station House Officer, Nandigama Police Station' r'landigama' Cyberabad District One CC to SRI G L NARASTMHA RAO Advocate [OF'l IC] Two CCs to Public Prosecutor' High Court for the St: t ) of Telangana at 3 4 Hyderabad [OUT]

5. Two CD CoPies VM/PSL W- HIGH COURT DATED: 3111012025 ORDER CRLP.No.14123 of 2025 ,iJ -l .lrr, ,ijfr ii '.'). l. o, ALLOWING THE CRIMINAL PETITION UleL \5 &-