Karnataka High Court
Gau Gyan Foundation vs Eresh on 13 November, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:45924
CRL.RP No. 1443 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.1443 OF 2024
(397(Cr.PC)/438(BNSS))
BETWEEN:
GAU GYAN FOUNDATION
REG. OFFICE 108
JATT HOUSE
VILLAGE DHOOL SIRAS
DWARKA SECTOR 24
NEW DELHI-110 077
REP. BY SANJAY KULKARNI
S/O.SURESH RAO KULKARNI
AGED ABOUT 51 YEARS
R/AT K-302
ROYAL LEGEND APARTMENTS
KODICHIKKANAHALLI MAIN ROAD
NEAR MADURA GARMENTS
BOMMANAHALLI
BENGALRURU-560 068
...PETITIONER
Digitally (BY SRI RUDRAPPA P., ADVOCATE)
signed by
MALATESH AND:
KC
1. ERESH
Location:
HIGH S/O.SANNA ERRAIAH
COURT OF AGED ABOUT 57 YEARS
KARNATAKA R/AT SRIRAMAPURA VILLAGE
SALAGAME HOBLI
HASSAN TALUK
HASSAN DISTRICT-573 201
2. THE STATE BY
RURAL POLICE STATION
CHITRADURGA
CHITRADURGA DISTRICT-577 501
-2-
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CRL.RP No. 1443 of 2024
3. SUB-DIVISION EXECUTIVE MAGISTRATE
AND ASSISTANT COMMISSIONER
CHITRADURGA
CHITRADURGA DISTRICT-577 501
...RESPONDENTS
(BY SRI VINAY MAHADEVAIAH, HCGP)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 READ WITH SECTION 401 CR.PC. (FILED UNDER
SECTION 438 READ WITH SECTION 442 BNNS) PRAYING TO
SET ASIDE THE JUDGMENT DATED 11.09.2024 PASSED IN
CRL.A.NO.84/2024 BY I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, CHITRADURGA AND DIRECT RESPONDENT NOS.1 AND
2 TO HANDOVER THE CUSTODY OF THE 15 CATTLE (BULLS) TO
SRI BHAGAVAN MAHAVEER GOSHALA TRUST FOR CARE AND
MAINTENANCE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL ORDER
Heard on IA.No.1/2024, which is filed seeking leave
of this Court to file this revision petition by a private party.
2. In support of the said application, an affidavit is
filed by Sri Sanjay Kulkarni contending that he is the
authorised person of 'Gau Gyan Foundation', an
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independent non-Government registered Organisation
established with a sole objective to save, protect and
preserve cow and its progeny. It is his specific case that in
respect of the incident, it is the applicant-Organisation
which has brought to the notice of the jurisdictional Police
that illegal transportation of the cattle had taken place in
the vehicle. It is his further case that based on the said
information, the jurisdictional Police took action but they
manipulated the records by registering the complaint suo
moto and not in pursuance of the information given by the
applicant-Organisation.
3. To substantiate the said aspect of the matter, the
photographs have been filed by the applicant-
Organisation, wherein they have intercepted the lorry
bearing registration No.KA.01.D.7846 and the cattle,
which were being transported in a most precarious
condition.
4. It is also his case that after rescuing the cattle
from the said lorry, the cattle has been housed in the
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Goshala established by the applicant-Organisation and the
Police having not shown the applicant-Organsiation as a
de-facto complainant, registered a suo moto case and got
released the vehicle in favour of the owner of the lorry and
also the cattle resulting in miscarriage of justice.
Therefore, the applicant-Organisation seeks permission of
this Court to file the present revision petition.
5. The same is orally opposed by learned High Court
Government Pleader stating that no complaint has been
lodged by the applicant-Organisation and based on the
information gathered by the Police and a report given by
Chitralingappa, a Police Officer, an FIR has been
registered.
6. At any rate, since the applicant-Organisation has
only furnished the information with regard to illegal
transport of the cattle, he has no independent right in
filing present revision petition seeking permission to
challenge the release of the lorry or the cattle in favour of
the owner as interim custody.
NC: 2024:KHC:45924
7. Accordingly, the following:
ORDER
IA.No.1/2024 is rejected. Consequently, this revision
petition is rejected.
Sd/-
(V SRISHANANDA)
JUDGE
LB
