Mohammed Abdullah v. The State Of Telangana

I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 29565 OF 2022 Between:

Mohammed Abdullah, S/o Mohammed Abdul Salem, Aged about 36 years, Occ ; Business, R/o H.No.B-1-40/A/5, Samata Colony, Toli Chowki, Hyderabad. ...PETITIONER AND 1 . The State of Telangana, Rep. by its Principal Secretary, Department of Home, Secretariat, Hyderabad.

2. The Commissioner of Police, Cyberabad Police Commissionerate, Cyberabad at Gachi Bowli, Hyderabad.

3. The Station House Officer, Miyapur Police Station, Hyderabad. ...RESPONDENTS Petition Under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the arbitrary and illegal action of the 3rd respondent in not releasing the petitioner's bulls 5 Nos. even after submitting the reply and necessary documents subsequent to the issuance of Notice bearing No.885/Crl2022 dated 11-07-2022 issued by the 3rd respondent and F.l.R.No.8B5/2022 dated 09-07-2011 for the offence alleged u/s 11 of Prevention of Cruelty to Animals Act contrary to law and well settled principles of law and consequently direct the 3rd respondent police to handover bulls (5 Nos.) which was purchased through Order No.A/31212022 dated 06-07-2022 from Thai Bazar, Jalpally Municipality.

|.A.NO:1 OF 2022 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent police to handover bulls (5 Nos.) to the petitioner which was purchased through Order No.A/31212022 daled 06-07-2022 from Thai Bazar, Jalpally Municipality.

Counsel for the Petitioner : SRI.MOHAMMED ASLAM Counsel for the Respondents : GP FOR HOME The Court made the following ORDER

t HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.29565 of 2022 ORDER:

This writ petition is filed questioning the action of the respondenl No3 in not releasing the petitioner's bulls 5 in numbers even after submitting the reply and necessary documents subsequent to the issualce of notice bearing No. 8a5/Cr/2022 dated 1L.O7.2022, as illegal and arbitrary. I 2.

Mr. Mohammed Aslan, learned counsel for the petitioner submits that the respondent police have registered Crime No. ) ) 885 of 2022 on O9.O7.2OL2 against the petitioner for the offence under Section 1 1 of Prevention of Cruelty to Animals Act. He submits that in spite of the petitioner's representation and other relevant documents being submitted, the respondent police are not releasing the bulls.

3.

Learned Assistant Government pleader for Home submits that they have deposited the bulls before the VIII Metropolitan Magistrate Court, Kukatpally.

4.

Once the crime is registered and the police after seizing the articles or any other things, in the process, when the same was submitted before the court, the person who is aggrieved or who seeks interim custody of the same shall file an appropriate petition under Section 451 of the Cr.P.C and he cannot approach

\N.P.No.29565 of 2022 this court by way of writ petitioner.

Accordingly, this writ petition is disposed of. No order as to COStS.

Miscellaneous petitions, if any pending in this writ petition l sha,ll stand closed.

SD/-T.JAYASREE ASSISTANT GISTRAR //TRUE COPY// To SECTION OFFICER

1. The Principal Secretary, Department of Home, Secretariat, State of Telangana at Hyderabad.

2. The Commissioner of Police, Cyberabad Police Commissionerate, Cyberabad at Gachi Bowli, Hyderabad.

3. The Station House Officer, Miyapur Police Station, Hyderabad.

4. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUTI

5. One CC to SRI.MOHAMMED ASLAM, Advocate IOPUC]

6. Two CD Copies

7. One spare copy S.A.

GJP \

HIGH COURT DATED:1 910712022

ORDER

WP.No.29565 of 2022 0 5 5!P ?ll'Z DISPOSING OF THE W.P WITHOUT COSTS.

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