Telangana High Court
Shree Samarth Kamadhenu Gow Shala , vs The State Of Telangana on 31 January, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.854 OF 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking to quash the order dated 12.02.2024 in Crl.M.P.No.170 of 2024 in Crime No.13 of 2024 in C.C.No.2510 of 2024 on the file of XVI Additional Chief Metropolitan Magistrate at Hyderabad.
2. Heard Mr. G.L. Narasimha Rao, learned counsel for the petitioner, and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent - State. Perused the record.
3. Learned counsel for petitioner submitted that trial Court allowed Crl.M.P.No.170 of 2024 in Crime No.13 of 2024 filed under Section 451 of Cr.P.C. granting interim custody of the seized vehicle in connection with the subject crime. He further submitted that trial Court ordered the return of the goods carriage LMW vide registration No. TS 08 UJ 3190 on executing personal bond of Rs.1,00,000/-
JAK, J Crl.P.No.854 of 2025 2 with a condition that that the respondent herein shall not alienate, alter and destroy the property (LMW goods carriage) and shall deposit before the Court when directed. That order dated 12.02.2024 is passed without following the Rules of the Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 (for short, 'the Rules, 2017'). Therefore, learned counsel prayed the Court to set aside the order of the trial Court.
4. Learned counsel for petitioner submitted that as per Rules 3, 4 and 5 of the Rules, 2017, learned Magistrate must follow specified rates for animal care and determine a bond value to cover transportation, maintenance, and treatment costs, based on veterinary officer input including custody of animals pending litigation. That the trial Court released the vehicle upon execution of a bond of Rs.1,00,000/-, thereby contravened the Rules.
5. It is contended by learned Additional Public Prosecutor that as on date, the cattle are not released from the said Goshala and that the order dated 12.02.2024 is JAK, J Crl.P.No.854 of 2025 3 based on the facts of the case and interference is not necessitated.
6. Having considered the submissions and considering the factual matrix of the case, this Court is of the considered view that the trial Court misdirected itself in law in not considering the relevant Rules, 2017 at the time of passing the order.
7. It is brought to the notice of this Court that a learned Single Judge in Crl.P.Nos.5786, 7278, 11770 and 11745 of 2024 remanded the matters by setting aside the orders passed by the trial Court for fresh consideration as per the Rules, 2017. This Court is not inclined to take a different view.
8. Accordingly, the Criminal Petition is allowed by setting aside the order dated 12.02.2024 in Crl.M.P.No.170 of 2024 in Crime No.13 of 2024 in C.C.No.2510 of 2024 on the file of XVI Additional Chief Metropolitan Magistrate at Hyderabad. The matter is remanded to the trial Court for JAK, J Crl.P.No.854 of 2025 4 consideration afresh with a direction to pass appropriate orders duly following the Rules, 2017.
Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand cancelled.
____________________________ ANIL KUMAR JUKANTI, J Date:31.01.2025 KH