THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15026 of 2025

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.M.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 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 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.294 of 2020 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 petitioner therein by imposing certain conditions to its satisfaction. In 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. Custody of animals pending litigation:- 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 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. In 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.

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JUSTICE TIRUMALA DEVI EADA Dt.18.11.2025 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15026 of 2025 Dated:18.11.2025 ysk