The High Court · 2025

1. The State of Telangana, Rep. by Public Prosecutor, High Court of Hyderabad.

2. Mohammed Jahangir, S/o. Malimiya, Age.40 Years, Occ: H. NO.25-76/1, Thollageri, Faroognagar (V) & (M), Ranga Reddy. Dsitrict. ...RESPONDENT/COMPLAINT ... RESPON DENT/ACCUSED 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 set-a-side/ quash the orders in CRLMP.NO. 294 OF 2020 Dt. 81112021 passed in Crime No. 958 of 2020 on the file of the ADDITIONAL JUDICIAL MAGISTRATE OE FIRST CLASS -SHADNAGAR l.A. NO: 3 OF 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 suspend the orders in Criminal M.P.No. 294 of 2020 in Crime No. 958 of 2020 DATED. St1t2O21on the file of the Additional 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 Ms Gundlapalli V. S. S. Sruthi, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER - - i :F::- I I I I I i I i I i I i THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.I5026 of 2A25 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 08.01 .2021 passed in Crl.ft/1.P.No.294 of 2020 in Crime No.958 of 2020, on the file of the learned Additional Judicial Magistrate of First Class, Shadnagar, wherein the interim custody of the cattle (37 Bulls) was granted to the petitioner therein without hearing the petitioner herein, who is a Gow Sevak representing Shree Samarth Kamadhenu Gowshala.

2. Heard Ms.G.V.S.S.Sruthi, learned counsel for the petitioner as i' 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 Gow Sevak of Shree Samarth Kamadhenu Gowshala and he was not served with any notice before passing the order by the Trial Court and that interim custody of the cattle ought not to have been granted to the petitioner therein though he claims to be the owner in view of Rule 3 of Prevention of Cruelty to Animals (Care 2 ETD,I Crl.P.No.15026_2025 I I 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.2g4 of 2O2O in Crime No.958 of 2020, on the file of the learned Additional Judicial Magistrate of First class, shadnagar was allowed by the Trial court granting interim custody of 37 Bulls to the petitiiner 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 oendinq 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 heatth 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 tess 3 ETD,J Ctl,P,No.75O26_2025 irksome advance technology but marking by hot branding, cold branding and other injurious marking shall be prohibited. (b) The Magistrate may direct the animal'to be housed at an infirmary, pinjrapole, SPCA, Animal Welfare Organization or Gowshala during the pendency of litigation."

6. Thus, in view of Rule 3 of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017, the Trial Court is not supposed to grant interim custody of the case property i.e., cattle to the petitioner therein. Hence, the orders passed by the Trial Court are liable to be set-aside.

7. ln view of the aforesaid discussion, the Criminal Petition is allowed setting aside the orders dated 08.01 .2021 passed in Crl.M.P.No.294 of 2020 in Crime No.958 of 2020, on the file of the learned Additional Judicial Magistrate of First Class at Shadnagar and the Trial Court is directed to consider the matter afresh and dispose of the same by hearing the representative of Shree Samarth Kamadhenu Gowshala

8. Miscellaneous petitions pending, if any, shall stand closed --- Sd7: M.-IAGAMANI ASSISTANT REGISTRAR & //TRUE GOPY// SECTION OFFICER

1. The Additionat Judicial Magistrate of First Class - Shadnagar. 2. The Station House Officer, Shadnagar Police Station, ^Cyberqb3d. 5. f*o CCs to the Public Prosecutor, Fligh Court for the State of Telangana at Hyderabad.(OUT)

4. Oire CC to iUs. dundlapalliV. S. S . SRUTHI, Advocate TOPUCI 5. Two CD Copies b- ,'-. -,.'l : --: i:i:;"_Ir r.i-: -, 1',l IT;,,::,fi :,;.-.".-l{n lllf -':: \ To, / ;r!: -. l I I HIGH COURT DATED t1811112025 ORDER CRLP.No.15026 of 202$ 1 =$$ +) c) u- \ \ /.fn,rr.! 11" ALLOWING THE CRIMINAL PETITION 'l 1