2026:CGHC:3031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 79 of 2026

1 - Litesh Tandon S/o Hemlal Aged About 25 Years R/o Village Mudagaon, P.S. Tendukona, District : Mahasamund, Chhattisgarh --- Petitioner versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tendukona, District : Mahasamund, Chhattisgarh --- Respondent CRMP No. 86 of 2026

1 - Yashwant Banjare S/o Kedar Banjare Aged About 22 Years R/o Village Firgi, P.S. Tendukona, District : Mahasamund, Chhattisgarh ---Petitioner Versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tendukona, District : Mahasamund, Chhattisgarh --- Respondent CRMP No. 137 of 2026

1 - Set Kumar Banjare S/o Kedar Banjare Aged About 29 Years R/o Village Firgi, P.S. Tendukona, District : Mahasamund, Chhattisgarh ---Petitioner Versus

1 - State Of Chhattisgarh Through The Station House Officer, Police Station Tendukona, District : Mahasamund, Chhattisgarh --- Respondent HEERA LAL SAHU HEERA LAL SAHU Date: 2026.01.20 CRMP No. 84 of 2026

1 - Dumeshwar Ajgale S/o Mansharam, Aged About 33 Years R/o Mudagaon, P.S. Tendukona, District Mahasamund C.G.

---Petitioner Versus

1 - State Of Chhattisgarh Thought The Station House Officer, Police Station Tendukona, District Mahasamund C.G.

--- Respondent For Petitioner : Mr. Sudhir Kumar Sahu, Advocate in all the petitions.

For Respondent/State : Mr. Ashish Shukla, Addl. A.G. and Mr. Akash Agrawal, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

19/01/2026

1. CRMP No. 79/2026, CRMP No. 86/2026, CRMP No. 137/2026 and CRMP 84/2026 have been preferred under Section 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-69/2025, H-71/2025, H-68/2025 & H-70/2025, respectively and affirming order dated 29.09.2025 passed by Judicial Magistrate First Class, Pithora, District - Mahasamund, C.G. in Misc. Criminal Case Nos. 123/2025, 125/2025, 122/2025 & 124/2025, respectively, whereby the Supurdnama application filed by the petitioner has been dismissed.

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

12.09.2025, the head constable of Tendukona Police station received secret information from an informer that 3-4 persons were cruelly beating and driving 15-20 cattle (buffaloes) on foot towards a slaughter house with the intention of slaughtering them. On the basis of secret information, 15 buffaloes were seized from the co-accused persons, namely Devendra, Tikeshwar and Avinash, owned by the present petitioners. As such, FIR No. 98/2025 in police station Denukona, District – Mahasamund, for commission of offence under Sections 4, 6 and 10 of the Chhattisgarh Agricultural Cattle Preservation Act, 2004 has been registered against the accused persons.

3. Learned counsel for the petitioner 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 unimpeachable 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 doctor's report, all the seized cattle (buffaloes) have been declared healthy. The petitioners are a small agriculturist and d