The High Court · 2025

Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the Order dated. 06-1 1-2024 in Crl.M.p.No.795 of 2024 on the file of the court of the llAddl. Judicial Magistrate of First class, Miryalaguda. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohammed Afzal Pasha, Advocate for the petitioner and sri Surepalli Prashanth, Asst. Public Prosecutor on behalf of the Respondent No.'1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITIO N No.1524O OF 2o24 ORDER: This Crrminal Petition is liled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioner to quash the proceedings against him dated

06.11.2024 in Crl.M.P.No .795 ol 2024 on the file of Principal Junior Civil Jr-rdge, Miryalaguda.

2. Heard l{r. Mohammcd Alzal Pasha, learned counsel for petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prose,lutor for the respondept - State. Perused the material on record

3. On the basis of a complaint dated 10.10 2024, FIR bearing No.272 of 2024 came to be registered at Madgulapallv Police Station, Nalgonda District, for the offences uncier Sections 5 and 6 of APPCSAPA, L 1(1)(A) of PCAA r/w 4i to 56 ofAT Act

4. Contents of FIR are that on 1O.1O.2024 at 1O:30 hours, the complairrant i.e., respondent No.2 (SI of Police) received 2 JAK. J oRLP 15240 2024 information regarding illegal transporting of buffalos to Hyderabad from Andhra pradesh and that he rushed to Wadapally Border Check post along with veterinary assrstant That he caught DCM vehicle bearing No.Ap 2g TC 1129 coming from Andhra pradesh to Hyderabad, loaded wrth. 24 buffaloes. That in vehicle, buffaloes were tied with rope without providing proper food and water and were being subject to cruelty. The driver of DCM is resident of Hyderabad, confessed that as per the directions of his owner Mohammad Khadeer eureshi, he was transporting the buffalos illegaliy to Kabhela, Hyderabad for getting wrongful benefits. The confession of Mohammad Amjad, cleaner of the vehicle, was also recorded, which corroborates with the version of driver. Hence, the complaint

5. Petition is hled under Section 497 of BNSS seeking to hald over 20 buffaloes. The principal Junior Civil Judge at Miryalaguda in Cr1.M.P.No.795 of 2024 in Crime No.272 of 2024, dated 06.11.2024, dismissed the petition for custody of buffaloes, which is under challenge. It is observed that all buffaloes are sent to Goshala. -) JA(, J ckLP 1s240 2024

6. Learned counsel for petitioner submitted that trial Court has nct appreciated the facts in proper perspective and petitioner is falselv implicated in the crime. It is further submitted that petitioner purchased the buffaloes for sake of farming from Vyavasaya Market Committee, annexed the Market Comrnittee receipt. lt is further submitted that petitioner is a farmer and is unable to bear the costs of maintenance of bulfaloes parked in Goshala. It is also submitted that a 1ot of amounts are to be paicl for the maintenance, food and r.r,ellbeing of the buffaloes. Hence, buffaloes be released

7. Learned counsel for petitioner relied upon the judgment of Hon'ble Apex Court in Manager, Pinjrapole Deudar and another u, Chakram Moraji Nat and othersl and contended that the order of High Court restoring custody of th,: animals to the ou,ner of the animals nas held to be proper. It is submitted that the order in Cr1.M.P.No.795 of 2024, daterl 06.ll.2024 be quashed

8. On the rther hand, learned Assistant Public Prosecutor submitted that the act of taking the buffaioes into custody ' AIR 1998 sc 27 69 4 JAK, J ORLP t5240 2024 and sent to Goshala, is in accordance with law and that there is no infirmity. That petitioner/ accused is bound to bear the costs and interference in the order is not necessitated.

9. Heard learned counsels, perused the record and considered the rival submissions.

10. Facts are noL in dispute. Respondent No.2 Iodged a complaint, on the basis of which, an FIR bearing No.272 of 2024 came to be registercd on lO.lO.2O24 at Madgulapally Police Station, Naigonda District. It is observed from the complaint and FIR that on receiving information regarding illegal transporting of buffalos to Hyderabad, respondent No.2 (SI of Police) rushed to Wadapally Border Check Post and caught DCM vehicle bearing No.AP 28 TC ll29 coming from Andhra Pradesh, loaded with 24 buffaloes. Buffaloes tied with rope were being transported, no proper explanation was given by the driver of vehicle. The driver stated that on the directions of his owner i.e., accused namely Mohammed Khadeer Qureshi, he was transporting the buffaloes to Kabela, Hyderabad. It is averred by petitioner/ accused that . 1 t: ;:;; | -:'{*+ -' - / --,, 5 JAK, J ctt,r' t5240 2024 he purchased the cattlo for farming in the Vyavasaya Market Committee and the receipt is annexed at Page No. 19. After detaining, the buffaloes u,ere sent to Goshala. It is the driver of the vehick who knows the destination point, he stated that they are reing transported to Kabela. 1 i. Learned counsel relied upon the judgment of the Hon'ble Apex Court rn Manager, Pinjrapole Deudar and. another v, Chqkram Moraji Nat and others (1 supra) and contended th at in vieu, of the lau, laid dou'n in the said judgment, ca,:tle be handed over to petitioner/ accused. It is also submittt:d that petitioner being a farmer is unable to bear the maintenance of cattle parked in Goshala

12. The Ape x Court in Shri Chatrapati Shiuaji Gqushq.la a. State of Maharashtrq. and others2 held as follows "The Court has been apprised of the firct that since the seizr re of the cattle in February, 2019, two of the cattle have dierl, leaving sixteen cattle in the balance. with the appellant. In such matters, it is necessaqr thErt the trial for offences punishable under the Mahalashtra Act must take place erpeditiously and that it should bc concluded prcferably within a period of six months. This rvould ensure that the animals do not continue to remain in custody under thq provisions of the proviso to Section 8(3) of the Maharas .rtra Act for an indefrrnite period. \.\Ie issue a direclion in those terms. " ' Criminal Appcal N,r. l? I 9 of 2022 \ \ 6 JAK. J 0RLP 15240 2024

13. It is not disputed that cattle are with the Goshala. The Apex Court in its judgment dated 3O.O9.2O22 held that the trial for offences punishable under the Act must take place expeditiously preferably '*,ithin a period of six (06) months. In view of the Apex Court j udgment, this Court is of the considered opinion that interests of justice would be met, if the trial Court concludes the trial in Crime No.272 of 2024, as expeditiously as possible, preferably, '"r,ithin a period of six (06) months from the date of receipt ol a copy of this order.

14. With regard to the prayer of quashing the order, dated

06.11.2024 in Crl.M.P.No.795 of 2024, thts Court is of the considered opinion that the order needs no interference 1 5. With the above observations, this Criminal petition is disposed of. No costs Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/- AHMEDABDULLAH KHAN ASSISTANT REGISTRAR tv-- SECTION OFFICER l The ll Additional Judicial Magistrate of First Class, Miryalaguda. The Station House Officer, Wadapally police Station, Nalgonda District One CC to Sri. Mohamm ed Afzal pasha, Advocate [OpUC]. Two CCs to Public prosecutor, High Court for the State of Telangana. [OUT] Two CD Copies VIR /oh To, I 2 3 4 5W --i,s'?--4-.-. HIGH COURT DATED:1 810312025 ) ORDER CRLP.No.15240 ot 2024 il-rE S 14 o C) * ( 16 JlJr 2025 ';.:) 5. :l -f ':.1/ '.1: r';.' -- . -.-:.. DISPOSING OF THE CRIMINAL PETITION. c) t i I i i I I i I I I I