Akkala Thirupathi v. The State Of Telangana

[ 3385 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 11705 OF 2024 Between:

Akkala Thirupathi, S/o.Pochaiah, Aged about 54 Years, Occ Agriculture, R/o.H.No.1-20, Gudem, Dendepalli, Mancherial. ...PETITIONER/ACCUSED AND I The State of Telangana, Through SHO, PS Chinthalamaanepalli Rep by Public Prosecutor, High Court at Hyderabad.

...RESPONDENT Petition under Section 528 of BNSS, praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash order in Crl.M.P No,221 of 2024 inCr.No. 117 ol 2024 (PS Chinthalamanepalli), dated 0410912024 on the file of Hon'ble Junior Civil Judge Cum Judicial Magistrate First Class at Sirpur T and thereby allow the same. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. K. RAJASHEKAR , Advocate for the Petitioner and the Public Prosecutor, state of Telangana, on behalf of the Respondent. The Court made the following: ORDER:-

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.117O5 of2024 ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSSJ by the petitioner to quash the docket order dated O4.O}.2O24 passed in Crl.M.P.No .221 of 2024 in Crime No' 117 of I 2024bytheJuniorCivilJudge-Cum-JudicialMagistrateofFirst Class at Sirpur-T. By the impugned order, the petition filed by the petitioner under Section 503 of the BNSS, seeking for returning of the seized property i.e., O4 Bulls, was dismissed' 2.

Heard Sri K.Rajashekar, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent - State.

3.

Learned counsel for the petitioner submitted that the petitioner purchased O4 bulls for the purpose of the agriculture ' He further submitted that there is every possibility of death of the bulls, if they are kept idle in the Goshala due to lack of maintenance and it will cause prejudice to the petitioner' Hence, he prayed this Court to allow the Criminal Petition

4.

In case of Manager Pinjrapore Deudar dnd Another a, Chakram MorarJi Nat and Otherst, the Apex Court held that the seized animals have to be returned to their respective owners for taking better care of the said animals. Considering the principal laid down in the aforesaid decision and having regard to the submissions of the learned counsel for the petitioner, since the petitioner being agriculturist purchased O4 bulls for the purpose of agriculture, this Court is inclined to direct the trial Court to return the seized propert5r i.e., O4 bulls to the petitioner herein by imposing appropriate conditions thereon.

5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.

Sd/- T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Junior Civil Judge-cum- Judicial Magistrate of First Class at Sirpur-T. Kumarambeem District.

2. The SHO, PS Chinthalamaanepalli, Kumarambeem District. 3 One CC to SRI K RAJASHEKAR Advocate [OPUC]

4. Two C.Cs. PUBLIC PROSECUTOR, High Court for the state of Telangana at Hyderabad Advocate [OPUC].

5. Two CD Copies VCiS/gh AIR 199A SUPREME COURT 2769

HIGH COURT DATED:3010912024 ='.-l,}.- ..".u)\ \ IW d'

72 AC z 4/ ,/ :j-.::a-2'

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ORDER

CRLP.No.11705 of 2024 CRIMINAL PETITION IS DISPOSED OF nI to WV\