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 reference as to the prescribed aspects in the rules, this Court is of the considered view that, 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 is liable to be set aside and relegating the matter to the trial Court for fresh consideration is found proper. Accordingly ordered.

5. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.

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