Cow shelter filed quash petitions against Magistrate's interim orders on seized animals; during hearing counsel sought permission to withdraw, as petitioners were unaware of detailed orders and were not parties below. Court dismissed both petitions as withdrawn with liberty to file fresh ones.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION N os: 182 and 183 OF 2021
CRIMINAL PETITION No: 182 of 2021
Between
Shree Samarth Kamadhenu Gowshala, Opp. GHMC Colony, Shiva Bagh, Jiyaguda, Puranapul, Hyderabad 500 006, Rep by lts Sevak Sri Purushotham Guptha, S/0. Rampathlal Gupta, age.58 Years, Occ. Gow Sevak, R/o H.No. 21-1-214, Near High Court Hyderabad.
...Petitioner/ 3Ro Party
AND
. RespondenUcom plaint
... RespondenUAccused
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the orders vide Dis.No.15 of 2021 Dt. 111112021 passed in Criminal M. P. No.293 ot 2020 in Crime No.958 of 2020 on the file of the Additional Judicial Magistrate of First Class - Shadnagar.
l.A. NO: 3 OF 2021
Petition under Section of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the proceedings dispatch orders vide drs. NO. 15 of 2021 Dt.
-fqw
111112021 passed in Criminal M.P No. 293 of 2O2O in Crim€ No 958 of 2020 on the file of the Adlitional Judicial tvlagistrate of First Class - l;"adnagar
l.A. NO: 6 OF 2021
BETWEEN:
lvlohammeJ l,4ohsin S/o. M. D.Shabudhin.
... Petitioner/Accused (Respondent No.2 in(;rlp.No.182 ot 2021)
AND
Shree Samarth K:rmadhenu Gowshala
... RespondenU3'd party (Petitioner inrlrlP.No.182 of 20211
Petition urLder Section 482 of Cr.P C praying that r the circumstances stated rn the Mernorandum of Grounds of Criminal Petition the High Court may be pleased to vac ate the stay granted rn l.A No.3 ol 2021 in C:-l P No.182 of 2021 again the order ot. 11-01-2021 rn Crl.MP No.293 of ::020 rnculdrng the Communication Nlo. Dis.14 of 2021 fot a perrod of two wee(s and extending the said order ti | 11 02 2012 in crime No.958 of 2020 registered by the police of Shadnagar Policr-' Station, Ranga Reddy District and on he frle of Judicial Magrstrate of Firsi CIass. Shadnagar Ranga Reddy.
l.A. NO: 7 OF 2021
Petition unJer Section 482 of Cr.P.C praying that ir the circumstances stated in the Menrorandum of Grounds of Criminal Petition the High Court may be pleased to pass an order under section 451 of Cr.P.C fo-sale of the animals pertaining to the present petitioner and seized in Crin e No.958 of 2020 registered by the Polrce of Shadnagar Police Station, Rangil Reddy District and on the file of Jud cial l,4agistrate of First Class, Shadnagar, Ranga Reddy and proceeds of the serle be given to the present petitioner/owner o: the animals
t.A. NO oF 202.
Petition under Section 482 of Cr.P.C praying that ir :he circumstances stated in the Memorandum of Grounds of Criminal Petition, t^e High Court may
r-ry
be pleased to pass an order directing the Director General of Police to initiate appropriate departmental action for illegal and unauthorized actions, on thepart of polrce officer or police officers and appropriate Criminalproceedings be initiated against such officer or officers.
l.A. NO: 9 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the Hrgh Court may be pleased to direct the police officials to implement the orders passed in Crl.MP No.293 of 2020 including the communication Dis.No.15 of 2021 in Crime No 958 of 2020 registered by the Police of Shad Nagar Police Station, Ranga Reddy District and on the frle of Judicial Magistrate of First Class, Shadnagar, Ranga Reddy District and provide police protection to the present petitioner while handing over animals.
l.A. NO: 1OF 2025
Petitron under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set-a-s ide/q uash the proceedings passed in Crimrnal M P. No. 293 of 2020 in Crime No. 958 of 2020 Dl. 8-1-2021 on the file of the Judicial Magistrate of First Class, Shadnagar, and pass such any orders or orders as deemed fit and proper in the interest of thejustice.'' THE EXISTING PRAYER "Therefore, it is prayed that this Hon'ble Court may be pleased to set-a-side/ quash the proceedings dispatch orders vide Dis. No.15 of 2021 D1.11-1-2021 passed in Crimrnal M.P.No.293 of 2020 in Crime No.958 of 2020 on the file of the Judicial Magistrate of First Class, Shadnagar.
CRIMINAL PETITION No: '183 of 2021
Between:
Shree Samarth Kamadhenu Gowshala, Opp. GHMC Colony, Shiva Bagh, Jiyaguda, Puranapul, Hyderabad. 500 006, Rep by lts Sevak Sri Purushotham Guptha, S/o.Rampathlal Gupta, age 58 Years, Occ. Gow Sevak, R/o. H. NO. 21-1-214, Near High Court Hyderabad.
...Petitioner/3'd Party
AND
...Res g: ondenUComplaint
... Fi espondenUAccused
Petition urder Sectron 482 of Cr.P C praying that i.r the circumstances stated in the Memorandum of Grounds of Criminal Petitior-. the High Court may be pleased to qrash the proceedings dispatch orders vrde l) s No.15 o,f 2021 Dt 111112021 passed In Criminal M.P.No.292 ol 2020 in Crim,l No. 958 o,f ZO2O on the file of the Juclrcral tvlagistrate of First Class, Shadnagar.
l.A. NO: 1 OF 20',11
Petition under Section 482 of Cr.P.C praying that.the circumstances stated rn the lt4e rorandum of Grounds of Criminal Petition, the High Court may be pleased to g ant leave to the petitioner to file quash a Ltgrieved the orders pleased to passed rn Clminal M.P.No. 292 of 2O2O in Crim: No. 958 of 2O2O on the file of the Judrcral Magistrate of First Class, Shadnagar.
l.A. NO: 3 OF 2021
Petrtron urder Sectron 482 of Cr.P.C praying that r the circumstances stated in the Merrorandum of Grounds of Criminal Petition :1e High Court may be pleased to su:;pend the proceedings dispatch orders vide dis No.15 of 2021 Dt. 111112021 passed in Criminal M P.No. 292 of 2020 rn Cri|re No. 958 of 2O2O on the flle of the Judicial Magistrate of First Class, Shadnaga r
l.A. NO: 6 OF 2021
BETWEEN:
Mohammed Jahangir, S/o. Malimiya
...Petitioner/Accused (Respondent No.2 in :rlp.No.183 ot 20211
AND
a
Shree Samarth Kamadhenu Gowshala
...RespondenU3'd party (Petitioner in CrlP.No.'|83 of 20211
Petition under Section 482 of Cr. P.C praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to vacate the stay granted in l.A.No.3 ot 2021 in Crl.P.No. 183 of 202'1 against the order dated 11.01 .2021 in Crl.M.P.No.294 of 2O2O including the communication No. Dis No 15 of 2021 for a perrod of two weeks and extending the said order till 11.02.2021 in Crime No.958 of 2020 registered by the Shadnagar Police Station, Rangareddy District, on the file of Judicial Magistrate of First Class Shadnagar, Rangareddy.
l.A. NO: 7 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an order under Section 451 of Cr.P.C. for sale of the animals pertaining to the present petitioner and seized in Crime No.958 of 2020 registered by the Police of Shadnagar Police Station, Rangareddy Drstrict and on the file of Judicial Magistrate of First Class Shandngar, Rangreddy and Proceeds of the sale be given to the present petitioneri owner of the animals.
l.A. NO:8OF 2021
Petition under Section 482 of Cr.P.C praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an order directing the Director General of Police to initiate appropriate departmental action for illegal and unauthorized actions, on the part of police officer or police officers and appropriate Criminal proceedings be initiated against such officer or officers.
l.A. NO: I OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the police officials to implement the orders passed in Crl.MP
No. 294 of 202t including the communication No.Dis No.'1 r) )f 2021 in Crime No, 958 of 2020 registered by the Police of Shad Nagar Police {ltation, Ranga Reddy District and on the file of Judicia{ {Vlagistrate of First Cla:;r; Shadnagar, Ranga Reddy District and provide police protection to the pn:, ent oetitioner while handing over an,m a ls
l.A. NO: 'l OF 2025
Petition under Section 528 of BNSS praying that i. the circumstances stated rn the lvlemorandum of Grounds of Cnminal Petitror the High Court may be pleased to permit the petitioner to amendment the prayer portion in main case as Seeking Ameldment in Prayer Portion "Therefore, it is prz,yed that this Hon'ble Court may be p eased to set-a-srde/q uas h the proceedrngs passed in Criminal M P No 294 of 11020 in Crime No 958 of 2020 Dt 8-1-20 2' on the fite of the Judicial Magistre,te of First Class, Shadnagar, Ranga Reclrly D strict and pass such any orders or orders as deemed fit and proper in the n,erest of the justice." THE EXISTING ITRAYER "Therefore, it is prayed that thrs li.rn'ble Court may be pleased to set-a-side/ quash the proceedings dispatch ordr:r ,; vide dis. N0.15 of 2021 Dl. 11-1-2C21 passed in Criminal M P.No.292 of 2O2) in Crime N0.958 of 2020 oo the file of the Judicial Magistrate of First Class Shadnagar, Ranga Reddy District.
This Petitions coming on for hearing, upon perusing the lvlemorandum of Grounds of Crintinal Petition and upon hearing the arg L ,Ients of Sn G. L. NARASIMHA RAO, Advocate for the Petitioner in both the C rrninat Petitions and the Sri M.Vivekananda Reddy, Assistant Public Prosecutcr on behalf of the Respondent No. 1 , in both Criminal Petitions and of Sri /lchammed Habeeb IVlustafa. Advocat,-. for the Respondent No.2, in both Crimina;)etitions.
The Court made the following: COMMON ORDER
) )
\
.I'HT| HoN'BLE SRI JUSTTCE J. SITEENIVAS RAO
CITINIINAL Ptl'tITION Nos.182 and 183 OF 2021
CONINIOn\ ORDEI{
lhesc clirninal ltctitions have beeu liled secking to quash tlre orclcls irasscci L)\ thc ['an]cd Additional Judiciat Magistrate ol Filst Class, Shadnaear, vide Dispatch No.l5 ol 2021 in Crl.M.P.Nos.292 arrcl l-9i ol'201 1. in FIR No.958 o12020. datccl 11 .01 .2021
-'1.I)uringtlrc courscol' hcaling, leamed counsel appearir-rg on behall of the petitioners sccks pclnrission to withdraw these trvo crinrinal pretitions rvith a libertl, to filc tl'esh criminal petitions challcnging thc ordcrs passed b1, the leamed Additional Judicial Magistrate of lrirst Class. Shadnagar in Crl.M.P.No.292 and, 293 ol 202 I datcd 1t.01.202 1 on the ground that petitioners are not partics be lbre Lhe trial Cour-t- aud they are not aware about passing of the dctailcd ordcrs in the above said pctitions
i i
l Cilt, L 8,, l3J ,1021
No.l subrniLs thal the petitioncrs are not havinq an, rip.ht ur intclest to tllc thcsc r,irr crirninal petitions altd the\ Arc 11(,1 l.t\ inc anr 1ot,rr.s, tttrntli antl thcv alc thrr-d parlir.s to the casc
-t. Having considered the rival subrnissions ntrrtl,. br rlrc rcspcctive yrartics, this('ourt qithout exprcssine any vicw t,r Lhe nrclits ol tlte case. the criminal petitions are disntisscd as \,ithdr.: r, n iliarrtinr,- libcrtl to thc pctit,oncrs to avail thc rerledics as arailrr'lo rruclcl luri und rcspondent \o.2 is also cntitled to nrise all Lhe r ourrri: rvhich ure arailable uncler lar,,, whcner cr thc petil"ioucrs il -' .-r'esh clirrinal petltlons.
Miscellaneorrs petitions. i1' an1,. pending i tresc cr inrinal pe titions shaLl stand closcd.
SD/. A SREENIVASA REODY ASS IiTANT REGISTRAR
!'a.? l-../
//TRUE COPY//
SECTION OFFICER
To,
NVB/PSt
HIGH COURT
DATED:06,t1112025
COMMON I3RDER
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l;':ru\l 7025
CRLP.Nos.182 and 183 of 2021
DISMISSING THE BOTH CRIMINAL PE'I'ITIONS AS WITHDRAWN
,<br>N,:
1 issue framed by the court
Whether the criminal petitions seeking quash of orders in Crl.M.P.Nos.292 and 293 of 2020 could proceed, given the petitioners sought withdrawal.
3 provisions across 2 enactments
Shree Samarth Kamadhenu Gowshala, rep by its Sevak Sri Purushotham Guptha
The State of Telangana, rep by Public Prosecutor
Mohammed Mohsin
Mohammed Jahangir
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
