Mohammad Kaleem Qureshi, vs The State Of Telangana,
2025 Latest Caselaw 3177 Tel

Citation : 2025 Latest Caselaw 3177 Tel
Judgement Date : 18 March, 2025

Telangana High Court

Mohammad Kaleem Qureshi, vs The State Of Telangana, on 18 March, 2025

THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

          CRIMINAL PETITION No.15472 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by

petitioner to quash the proceedings against him dated

02.11.2024 in Crl.M.P.No.363 of 2024 on the file of Principal

Junior Civil Judge, Miryalaguda.

2. Heard Mr. Mohammed Afzal Pasha, learned counsel for

petitioner and Mr. Surepalli Prashanth, learned Assistant

Public Prosecutor for the respondent - State. Perused the

material on record.

3. On the basis of a complaint dated 10.10.2024, FIR

bearing No.142 of 2024 came to be registered at

Madgulapally Police Station, Nalgonda District under

Sections 5, 6, 9, 10 r/w 11 of Telangana PCS and APA

Amendment Act, 1977, 11(1)(A), 11(g)(h) PCAA, Sections 47,

48, 49, 50, 51, 52, 53, 55 and 56 of AT Act.

JAK, J CRLP_15472_2024

4. Contents of FIR are that on 10.10.2024 at 10:45 A.M.,

the complainant i.e., respondent No.2 (HC-1474) returned to

Police Station, Madgulapally, along with Eicher DCM bearing

No.AP 28 TW 9667 loaded with buffaloes. Respondent No.2

with police constable bearing No.3831 and Home Guard

bearing batch No.938 while conducting vehicle check at

Rajasthan Dhaba, (at Madgulapally) a vehicle coming from

Miryalaguda to Hyderabad with buffaloes tied with rope and

no proper food and water being subject to cruelty was

stopped. On intimation to Veterinary Doctor verified and

issued opinion report stating that they are not fit for

slaughtering at Kabhela. The driver of DCM is resident of

Nizamabad District, confessed that one Saleemuddin

Mohammed purchased the cattle and was being transported

to Narsingi and Kondamadugu Kabhela. Complainant

requested to take action against driver and owner of vehicle.

Hence, the complaint.

5. Petition is filed under Section 497 of BNSS seeking to

hand over 19 buffaloes. The Principal Junior Civil Judge at

Miryalaguda in Crl.M.P.No.363 of 2024 in Crime No.142 of

2024, dated 02.11.2024, dismissed the petition for custody

JAK, J CRLP_15472_2024

of buffaloes, which is under challenge. It is observed that all

buffaloes are sent to Goshala.

6. Learned counsel for petitioner submitted that trial

Court has not appreciated the facts in proper perspective

and petitioner is falsely implicated in the crime. It is further

submitted that petitioner purchased the buffaloes for sake of

farming from Vyavasaya Market Committee, annexed the

Market Committee receipt. It is further submitted that

petitioner is a farmer and is unable to bear the costs of

maintenance of buffaloes parked in Goshala. It is also

submitted that a lot of amounts are to be paid for the

maintenance, food and wellbeing of the buffaloes. Hence

buffaloes be released.

7. Learned counsel for petitioner relied upon the

judgment of Hon'ble Apex Court in Manager, Pinjrapole

Deudar and another v. Chakram Moraji Nat and others 1

and contended that the order of High Court restoring

custody of the animals to the owner of the animals was held

to be proper. It is submitted that the order in Crl.M.P.No.363

of 2024, dated 02.11.2024 be quashed.

AIR 1998 SC 2769

JAK, J CRLP_15472_2024

8. On the other hand, learned Assistant Public Prosecutor

submitted that the act of taking the buffaloes into custody

and sent to Goshala, is in accordance with law and that

there is no infirmity. That petitioner/accused is bound to

bear the costs and interference in the order is not

necessitated.

9. Heard learned counsels, perused the record and

considered the rival submissions.

10. Facts are not in dispute. Respondent No.2 lodged a

complaint, on the basis of which, an FIR bearing No.142 of

2024 came to be registered on 10.10.2024 at Madgulapally

Police Station, Nalgonda District. It is observed from the

complaint and FIR that vehicle bearing No. AP 28 TW 9667

was stopped at Rajasthan Dhaba while conducting a vehicle

check. 19 Buffaloes tied with rope were being transported, no

proper explanation was given by the driver of vehicle. The

driver stated that owner i.e., accused namely Saleemuddin

Mohammed purchased the cattle at Gurjala Santha, Renzal

Mandal, Nizamabad District and transported to Narsingi and

Kondamadugu Kabhela. It is averred by petitioner/accused

JAK, J CRLP_15472_2024

that he purchased the cattle for farming in the Vyavasaya

Market Committee and the receipt is annexed at Page No.16.

But the driver stated that one Saleemuddin Mohammed

purchased the cattle and is transporting to Narsingi and

Kondamadugu Kabhela. After detaining, the buffaloes were

sent to Goshala. It is the driver of the vehicle who knows the

destination point, he stated that they are being transported

to Kabhela.

11. Learned counsel relied upon the judgment of the

Hon'ble Apex Court in Manager, Pinjrapole Deudar and

another v. Chakram Moraji Nat and others (1 supra) and

contended that in view of the law laid down in the said

judgment, cattle be handed over to petitioner/accused. It is

also submitted that petitioner being a farmer is unable to

bear the maintenance of cattle parked in Goshala.

12. The Apex Court in Shri Chatrapati Shivaji Gaushala

v. State of Maharashtra and others 2 held as follows:

"The Court has been apprised of the fact that since the seizure of the cattle in February, 2019, two of the cattle have died, leaving sixteen cattle in the balance, with the appellant. In such matters, it is necessary that the trial for offences punishable under the Maharashtra Act must take place expeditiously and that it should be concluded

Criminal Appeal No.1719 of 2022

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preferably within a period of six months. This would ensure that the animals do not continue to remain in custody under the provisions of the proviso to Section 8(3) of the Maharashtra Act for an indefinite period. We issue a direction in those terms."

13. It is not disputed that cattle are with the Goshala. The

Apex Court in its judgment dated 30.09.2022 held that the

trial for offences punishable under the Act must take place

expeditiously preferably within a period of six (06) months. In

view of the Apex Court judgment, this Court is of the

considered opinion that interests of justice would be met, if

the trial Court concludes the trial in Crime No.142 of 2024,

as expeditiously as possible, preferably, within a period of six

(06) months from the date of receipt of a copy of this order.

14. With regard to the prayer of quashing the order, dated

02.11.2024 in Crl.M.P.No.363 of 2024, this Court is of the

considered opinion that the order needs no interference.