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Digitally

signed by

ALLENA

ALLENA ANNAJEE

ANNAJEE RAO

RAO Date:

2026.02.05

09:52:08

+0530

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 87 of 2026

Dumeshwar Ajgale S/o Mansharam Aged About 35 Years R/o Vill

Mudagaon, P.S. Tendukona, District Mahasamund C.G.

--- Petitioner

versus

State of Chhattisgarh through the Station House Officer, Police Station

Pithora, District Mahasamund C.G.

--- Respondent

CRMP No. 89 of 2026

Litesh Tandon S/o Hemlal Aged About 25 Years R/o Village Mudagaon, P.S.

Tendukona, District Mahasamund Chhattisgarh

---Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station

Pithora, District Mahasamund (C.G.)

--- Respondent

For Petitioner(s) : Mr. Sudhir Kumar Sahu, counsel for the

For Respondent/State : Mr. Aman Tamboli, Panel Lawyer

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(Hon’ble Shri Justice Sanjay Kumar Jaiswal)

Order on Board

29.01.2026

1. CRMP No. 87/2026 and CRMP No. 89/2026 have been

preferred under Sections 528 of BNS, 2023, being aggrieved by

the order dated 27.11.2025 passed by the learned Principal

Sessions Judge, Mahasamund, District - Mahasamund (C.G.),

dismissing the Criminal Revision Nos.H-72/2025 & H-73/2025

respectively and affirming order dated 29.09.2025 passed by

Judicial Magistrate First Class, Pithora, District - Mahasamund,

C.G. in Misc. Criminal Case Nos. 126/2025 & 127/2025

respectively, whereby the Supurdnama applications filed by the

petitioners have been dismissed.

2. As per the charge sheet, the brief facts of the case are that on

14.09.2025, the Police received secret information from an

informer that 2 persons were cruelly beating and driving 4 cattle

(buffaloes) on foot towards a slaughter house with the intention

of slaughtering them. On such information, 4 buffaloes were

seized from co-accused Dilip Miri and on enquiry, he named the

present petitioners as owners of the cattle. As such, Crime No.

177/2025 was registered in police station Pithoura District –

Mahasamund, for commission of offence under Sections 4, 6 &

10 of the Chhattisgarh Agricultural Cattle Preservation Act,

2004 has been registered against the accused persons.

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3. Learned counsel for the petitioners submits that the petitioners

are the owners of the seized buffaloes, and they have valid and

effective documents required for the said cattle; therefore, they

are entitled for the Supurdnama. He next submits that the

foundational requirement of Section 6(1) of the Act that the

cattle were being transported for the purpose of slaughter or

were likely to be slaughtered, is completely absent in the case.

Mere movement of animals by foot, without more, does not

attract Section 6 of the Act. Consequently, the statutory

embargo under Section 6(3) and the consequential custody

mandate under Section 7 do not operate. He further submits

that the petitioners have placed substantial documentary

evidence of lawful ownership i.e. purchase receipts issued by

Maveshi Bazar, Gidhouri, Gram Panchayat Gidhouri, District –

Balodabazar-Bhatapara. These documents establish bona fide

purchase and ownership and remain undisputed by the

prosecution. According to the MLC, one buffalo is healthy and 3

buffaloes sustained weak minor scratches. The petitioners are

small agriculturists and dairy owners, and the seized buffaloes

constitute their main source of income. The buffaloes have been

in continued custody of the authorities since 14.09.2025, and

such prolonged detention of living cattle, despite the absence of

slaughter intention and despite proof of ownership has

aggravated cruelty, deterioration of health and has caused

recurring and irreparable financial loss to the petitioners. He

placed reliance on the decision of Hon’ble Supreme Court in the

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matter of Sunderbhai Ambalal Desai v. State of Gujarat

reported in (2002)10 SCC 283 and the decision of this Court in

the matter of Mohammed mateen Ahamed vs. State of

Chhattisgarh, passed in CRMP No. 1247/2025 on 11.07.2025.

4. On the other hand, learned State counsel vehemently opposes

the submission made by learned counsel for the