The High Court · 2025

The State of Telangana, rep by Public Prosecutor, High Court of Hyderabad lvlohammed ttrlohsin, S/o. M.D.Shabtidltin, Age. 39 Years, Occ, Business , PJo. H. NO.29-946, Vinayaka Nagar, lMlakajigiri , Ramakrishna Puram, Hyderabad. ..RESPON DENT/COMPLAINANTS Petition under Section 528 of BNSS Petition, the High Court may be pleased to set-a-side/q uash the orders passed in CRL MP.NO- 293 OF 2021 lN FIR NO. 958 OF 2021, daled 8-O1-2O21 on the file of HON'BLE ADDL., JUDICIAL MAGISTRATE OF FIRST CLASS - SHADNAGAR. l.A. NO: 2 OF 202s Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the orders passed in Criminal M.P.No. 293 of 2O2O in Crime No. 958 of 2020 on the file of the HON'BLE ADDL. JUDICIAL MAGISTRATE OF FIRST CLASS _ SHADNAGAR, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GUNDLAPALLI V S S S SRUTHI ,Advocate for the Petitioner and Sri. Jithender Rao Veeramalla the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 . and none appeared for the Respondent No. 2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DE fl EADA CRIMINAL PETITION No.14948 ot 20i5 ORDER 1. This Criminal Petition is filed under Section ri lB of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' ;eeking to set- aside the orders dated 08.01 .2021 passed in CrlM.P.No.293 of 2020 in Crime No 958 of 2020, on the file of the lea'ned Additional Judicial Magistrate of First Class, Shadnagar, wher 'in the interim custody of the cattle (9 She buffaloes, 7 He buffaloe; '16 Bulls and '1 Cow tolling to 33 cattle) were granted to the pe .itioner without hearing the petitioner herein, who is a Gow Set'; k representing Gowshala 2 Heard Sn G.L.Narasimha Rao, learned un sel for the petitioner as well as Sri Jitender Rao Veeramal r, the learned Additional Public Prosecutor appearing for the re: pondent No.1- State.

3. Learned counsel for the petitioner submits tlr; t the petitioner herein is Gow Sevak of Shree Samarth Kamadhenu Gowshala and he was not served with any notice before passing t re order by the Trial Court and that interim custody of the cattle o r tht not to have been granted to the petitioner therein though he i; rims to be the owner in view of Rule 3 of Prevention of Cruelty t: Animals (Care 2 ETD,] Crl P No,14944,2025 and Maintenance of Case Property Animals) Rules, 2017. Hence, prayed to set-aside the orders passed by the Trial Court

4. The learned Additional Public Prosecutor has submitted that the interim custody of the cattle should not be handed over to the owner even if he is not an accused, but it should be given to an infirmary, pinjrapole, SPCA, Animal Welfare Organization or Gowshala during the pendency of litigation.

5. Perused the record. The petition vide Crl.M.P.No.293 of 2020 in Crime No.95B ot 2020, on the file of the learned Additional Judicial Magistrate of First Class, Shadnagar was allowed by the Trial Court granting interim custody of the cattle (9 She buffaloes, 7 He buffaloes, '16 Bulls and 1 Cow tolling to 33 cattle) to the petitioner therein by imposing certain conditions to its satisfaction. ln this regard, it is pertinent to refer Rule 3 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 , which is extracted hereunder for the sake of reference '3. Custodv of animals Dendino litiqation:- When an animal has been seized under the provisions of the Act or the Rules made thereunder- (a) The Authority seizing the animal shall ensure health inspection, identification and marking such animal, through the jurisdictional veterinary officer deployed at Government Veterinary Hospital of the area and marking may be done by ear tagging or by chipping or by any less I I I irksome advance technotogy but marking by hot t cold branding and other injurious marking prohibited. -anding, hall be (b) The Magistrate may direct the animat to be hous infirmary, pinjrapole, SPCA, Animal Wetfare Org,t or Gowshala during the pendency of titigation." ,d at an lization 6 Thus, in view of Rule 3 of prevention of Cru,_, ty to Animals (Care and Maintenance of Case property Animals) RL es, 2017, the Trial Court is not supposed to grant interim custo<l, of the case property i.e., cattle to the petitioner therein. Hen::, the orders passed by the Trial Court are liable to be set-aside. 7 . ln view of the aforesaid discussion, the Crim r al petition is allowed setting aside the orders dated 08.0.1 .20 2 I passed in Crl.MP.No.293of 2O2O inCrimeNo.958 of 2OZO, on hefileof the learned Additionar Judiciar Magistrate of First crass i t shadnagar and the Trial court is directed to consider the matle - afresh and dispose of the same by hearing the representative of Si ree Samarth Kamadhenu Gowshala. 8 [\4iscellaneous petitions pending, if any, shall sta r I closed //TRUE COPY// Sd/- K, ]HAVANI SWAMY ASSISi' ANT REGISTRAR S :CTION OFFICER To 1 2 The Additional Judicial Magiskate of First Class at Shadnir, ar, Ranga Reddy District The Principal Judicial Magistrate of First Class, Shadnagar Ranga Reddy District.

3. The SHO Shadnagar police Station, Ranga Reddy Districi 4. One CC to SRl. GUNDLAPALLT V S S S SRUTHtAdvocet [OpUC] 5. Two Copies to PUBLIC PROSECUTOR, High Court for thr> State of Telangana at Hyderabad [OUT]

6. Two CD Copies PK/PR _l HIGH COURT DATED:1711112025 ORDER CRLP.No.14948 ot 2025 .:::\ (\ O 0l t t) ..i: t ., .l ,.7 ,,'./-/ --).' CRIMINAL PEITITION IS ALLOWED SETTIN( IASIDE THE ORDERS DATED O8,O1,2021PASSED IN CFI ..M.P. 293 OF 2020 !N CRIME NO. 958 OF 2020 ARE TO Bl: HEARD AFRESH BY THE TRIAL COURT. l 1 I I i I i ! i I I I I I I I I I I I ^