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2025 Supreme(Online)(Tel) 49377

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Shree Samarth Kamadhenu Gow Shala – Appellant
Versus
The State of Telangana – Respondent


ORDER

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the order dated 21.05.2025 passed in Crl.M.P.No.2123 of 2025 in Crime No.119 of 2025 (P.S. Bahadurpura) in the Court of the Special Judicial First Class Magistrate for Excise Cases at Gandhi Bhavan, Hyderabad.

2. Heard Mr.G.L.Narasimha Rao, learned counsel for petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner would submit that as per the Rule 5 of (iv) and (v) of Prevention of Cruelty to Animals (Care and Maintenance of Case Property Animals) Rules, 2017 whenever a vehicle is involved in the offence, the Magistrate shall keep the vehicle as security, and the owner, consignor, consignee, transporter, agents, and any other parties involved shall bear the cost of transport, treatment, and care of the animals. However, the Court below without considering these stipulations released the vehicle and granted interim custody of the cows. Thus, prayed for remanding the matter for fresh consideration.

4. Having considered the submissions, the rule position and absence of referenc

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