THE HON’BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2615 OF 2025

O R D E R:

This Criminal Petition is filed aggrieved by the order dated

07.01.2025 in Crl.M.P.No.12 of 2024 in Crime No.141 of 2024 (of P.S. Kaghaznagar Rural) on the file of the learned Junior Civil Judge-cum-Judicial Magistrate First Class, at Sirpur-T (for short, “the trial Court”) wherein and whereby, the learned Judge had granted interim custody of fourteen (14) Bulls to the petitioner by imposing certain conditions.

2. Heard Mr.G.L.Narsimha Rao, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that the seized animals are in safe custody with petitioner’s Gowshala; that their custody cannot be entrusted to unofficial respondent Nos.2 to 4, when the charges of cruelty and slaughtering are levelled against them; Relying on the decision passed by the Hon’ble Supreme Court in Animal Welfare Board of India Vs. A.Nagaraja and Others¹ he seeks to pass appropriate orders.

4. Learned Assistant Public Prosecutor submits that the petitioner is not a party to the criminal proceedings; that upon a request made by respondent No.1-Police, the petitioner became the care taker of subject bulls; that apart, till date, the petitioner has not filed any implead petition before the trial Court seeking to implead him as party to the impugned proceedings. Therefore, the petitioner has no locus standi to seek for quashment of impugned proceedings. Hence, he submits that this Criminal Petition is not maintainable and seeks to dismiss the Criminal Petition.

5. The operative portion of the order dated 07.01.2025 in Crl.M.P.No.12 of 2024 in Crime No.141 of 2024 (of P.S. Kaghaznagar Rural) on the file of the trial Court is extracted as here under:-

“… it is a fit case to grant interim custody of the (14) Bulls (Pancha Rangulu) to the petitioner with the following conditions:-

(i) The petitioner/owner shall execute a personal bond for Rs.7,00,000/- (Rupees Seven Lakhs only) with one surety.

1 Civil Appeal No.5387 of 2014 (@ Special Leave Petition Civil No.10281 of 2009)

(ii) The Petitioner/owner shall give an undertaking that he will not dispose off/alienate/pledge the said bulls and produce the said bulls as and when required by this Court.

(iii) The Kaghaznagar Rural Police are directed to take photos while returning the property to the petitioner/owner and submit the photos along with CD before this Court. The petitioner/owner shall pay the costs of the photos & CD.

6. For better understanding Section 3 of Prevention of Cruelty to Animals Act, 1960 is extracted as under:-

3. Duties of persons having charge of animals.―It shall be the duty of every person having the care or charge of any animal to take all reasonable measures to ensure the well-being of such animal and to prevent the infliction upon such animal of unnecessary pain or suffering.

7. Having regard to the submissions of both the learned counsel and upon careful scrutiny of the material available on record, this Court deems it appropriate to set aside the impugned order dated 07.01.2025 in Crl.M.P.No.12 of 2024 in Crime No.141 of 2024 (of P.S. Kaghaznagar Rural) on the file of the learned Junior Civil Judge-cum-Judicial Magistrate First Class, at Sirpur-T, directing the petitioner to file an appropriate application seeking to implead him as party to the impugned proceedings and the trial Court to conduct the proceedings afresh by affording an opportunity to the petitioner, to implead himself to put forth his case and pass appropriate orders, as per law.

8. With the above direction, this Criminal Petition is allowed and remanded back to the trial Court for fresh consideration, in accordance with law. _____________________ E.V. VENUGOPAL, J Date: 27.06.2025

ESP

THE HON’BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2615 OF 2025 Dated: 27.06.2025

ESP