- 1 - NC: 2025:KHC:11095 CRL.P No. 12287 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12287 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI. ABDU RAHIMAN, AGED ABOUT 55 YEARS, S/O. LATE SRI. ALAVI KUTTI, R/AT VADAKATH HOUSE, NO.05 CHEMMAD PANCHAYATH, A R NAGAR VILLAGE, VEGNARA TALUK, MALAPPURAM, KERALA 676 305. …PETITIONER (BY SRI. BINU M., ADVOCATE) AND: STATE OF KARNATAKA STATE BY KUTTA P.S., REP BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU -01. …RESPONDENT (BY SRI. RASHMI PATEL ADV FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND QUASH THE FIR, COMPLAINT AND ENTIRE PROCEEDINGS AGAINST THE PETITIONER REGISTERED BY THE KUTTA P.S., KODAGU DISTRICT IN CR.NO.26/2022 FOR THE OFFENCE P/U/S.5,6,12 OF THE KARNATAKA PREVENTION OF SLAUGHTER AND PREVENTION OF Digitally signed by LAKSHMI T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11095 CRL.P No. 12287 of 2022 CATTLE ACT 2020 AND U/S.11 OF PREVENTION OF CRUTELY OF ANIMALS ACT 1960. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred under Section 482 of Cr.P.C, by the petitioner seeking to quash the FIR/Complaint and entire proceedings pending against him, arising out of Crime No.26/2022 of Kutta Police Station, Kodagu District. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. It is the case of prosecution that on 02.07.2022 at about 07.30 p.m, the accused were found illegally transporting about 16 buffaloes in a lorry bearing Reg.No.MH20EL-8872 in a inhuman manner and without any permit. It is alleged that the accused were transporting the buffaloes from Maharashtra to the State of Kerala for the purpose of slaughtering. - 3 - NC: 2025:KHC:11095 CRL.P No. 12287 of 2022 4. On a suo-moto complaint lodged by the CPI, Kutta Circle, Kodagu, the aforementioned crime was registered against the petitioner and another accused who were present in the vehicle, for offences punishable under Section 5, 6, 12 of the Karnataka Prevention of Slaughter and Preservation of Cattle Act, 2020 and Section 11 of Prevention of Cruelty to Animals Act, 1960. The police have filed charge sheet on completion of investigation. 5. Firstly, there is no material except the voluntarily statement of the accused, to show that the Buffaloes were being transported for the purpose of slaughtering. The learned counsel for petitioner has furnished a copy of the certificate at annexure-D, issued by the Veterinary Assistant Surgeon, Veterinary Hospital, Kakerah District, Khargone (M.P), as per which all the animals are fit and healthy and the said certificate was issued in respect of the buffaloes for the agriculture purpose and reproductive breeding. Except the bald allegation that the buffaloes were being transported in - 4 - NC: 2025:KHC:11095 CRL.P No. 12287 of 2022 inhuman nature, there is no material placed to show that the animals were either tortured or treated in a cruel manner. Ingredients of the offences alleged are not attracted. In that view of the matter, continuation of criminal proceedings against the petitioner is an abuse of process of law. Hence, the following: ORDER i) Petition is allowed. ii) Entire proceedings against petitioner pending in C.C.1567/2022 arising of Crime No.26/2023 of Kutta Police Station, pending on the file of the Civil Judge and JMFC, Ponnampet are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK,LDC List No.: 1 Sl No.: 18