Disposed¶19

Dhyan Foundation Garada Gaushala v. the State of Maharashtra Thr Ps.O. Bhiwapur P.S. Nagpur Rural

Bombay HC5 Jan 2026WP/1030/2024

Case brief

AI extract

What is this about?

Bombay High Court (Nagpur Bench), M.M. Nerlikar J., 06/01/2026 — Dhyan Foundation Garada Gaushala v. State of Maharashtra, Crl.W.P. Nos.1030 & 1031 of 2024 — challenge to JMFC Bhiwapur order dated 13.12.2024 releasing cattle seized in Crime No.534 pf 2024 to respondent no.2 subject to Rs.200/day/animal maintenance charges to the Gaushala — respondent no.2 absent and non-compliant — petitions disposed of as withdrawn with liberty to challenge the impugned order later; no merits decided; no statutes or precedents cited.

What did the court decide?

Petitions permitted to be withdrawn with liberty to challenge the impugned order as and when the occasion arises. ¶19

Dhyan Foundation Garada Gaushala vs the State of Maharashtra Thr Ps.O. Bhiwapur P.S. Nagpur Rural — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitions permitted to be withdrawn with liberty to challenge the impugned order as and when the occasion arises.

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Issue for consideration

Challenge to the order dated 13.12.2024 of the Judicial Magistrate First Class, Bhiwapur releasing cattle seized in Crime No.534 pf 2024 in favour of respondent no.2 on terms and conditions (including the Rs.200-per-day-per-animal charge); the petitioner ultimately sought leave to withdraw the petitions with liberty to challenge the impugned order later.

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Court's answer

Permission granted to withdraw the petitions; the petitions stand disposed of as withdrawn with liberty to challenge the impugned order as and when the occasion arises. No ruling on the merits of the challenge.

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Ratio / Principle

The court accepted the petitioner's prayer for withdrawal having regard to respondent no.2's non-compliance with condition no.4 of the impugned order dated 13.12.2024 (non-appearance and non-deposit of the directed amount).

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Detailed headnote1 paragraphs

Criminal Writ Petitions Nos.1030 and 1031 of 2024 (Bombay High Court, Nagpur Bench; M.M. Nerlikar, J.; decided 06/01/2026) — Dhyan Foundation Garada Gaushala v. State of Maharashtra — Petitions challenged the order dated 13.12.2024 of the JMFC, Bhiwapur releasing cattle seized in Crime No.534 pf 2024 to respondent no.2 on conditions, condition no.4 requiring payment of Rs.200 per day per animal to the petitioner Gaushala from the date of seizure until recovery of possession. Learned counsel for the petitioner pointed out that respondent no.2 had neither appeared in the writ proceedings nor deposited the directed amount, and sought leave to withdraw the petitions with liberty to challenge the impugned order as and when the occasion arises. The Court, noting respondent no.2's non-compliance with condition no.4, accepted the submission, granted permission, and disposed of the petitions as withdrawn with liberty as prayed. Merits of the challenge to the release order were not decided.

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1 3.cri.wp.1030.2024.1031.515.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL WRIT PETITION NO.1030 OF 2024

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Dhyan Foundation Garada Gaushala ..vs.. State of Maharashtra WITH

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CRIMINAL WRIT PETITION NO.1031 OF 2024

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Dhyan Foundation Garada Gaushala ..vs.. State of Maharashtra

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri R.R. Gupta, Advocate for petitioners. Shri A.M. Joshi, APP for the State. None for respondent no.2.

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CORAM: M.M. NERLIKAR, J. DATE : 06/01/2026.

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Heard.

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By way of present petitions, the petitioners are challenging the order passed by the Judicial Magistrate First Class, Bhiwapur on 13.12.2024, wherein the learned Magistrate was pleased to allow the application of present respondent no.2 directing to release cattle seized in Crime No.534 pf 2024 in favour of present respondent no.2 on certain terms and conditions. One of the condition i.e. condition no.4 of the impugned order reads as under :

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“4. The applicant is directed to pay charges to the Dhyan Foundation Goushala Gharada Taluka Lakhani District Bhandara at the rate of Rs.200/per day per animal from date of seizure until its recovery of possession.”

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Learned Counsel for the petitioner submits that respondent no.2 herein has neither appeared in the present proceedings nor deposited the amount as was directed vide impugned order. Considering this fact, he

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2 3.cri.wp.1030.2024.1031.515.2024

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submits that it appears that present respondent no. 2 is not interested in getting the cattle release as per direction of the learned JMFC. He further submits that at present, he may be permitted to withdraw the present petitions with liberty to challenge the impugned order as and when the occasion arises.

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Considering the above facts and circumstances of the case and considering the fact that the respondent no.2 has not complied with condition no.4 of the impugned order dated 13.12.2024, in my opinion the submission made by the petitioner needs to be accepted.

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In view of the above, permission is granted.

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The petitions stand disposed of as withdrawn with liberty as prayed for.

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(M.M. NERLIKAR, J.)

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Trupti

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Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 06/01/2026 18:20:38

Dhyan Foundation Garada Gaushala v. the State of Maharashtra Thr Ps.O. Bhiwapur P.S. Nagpur Rural

Case brief

What is this about?

What did the court decide?

Dhyan Foundation Garada Gaushala v. the State of Maharashtra Thr Ps.O. Bhiwapur P.S. Nagpur Rural

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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