DHYAN FOUNDATION BARODIA GAUSHALA v. STATE OF RAJASTHAN
CRLW/1487/2025 · 2025-11-26
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38105 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38105 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:47962] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 1487/2025 Dhyan Foundation Barodia Gaushala, Having Its Address At Dhyan Yog Gau Sewa Society, Village Vamanwas, Barodia, Ps Manhorpur, Tehsil Patwarhalka, District Viratnagar, Jaipur 303103, Through Its Authorised Representative, Mr. Kuldeep Kumar Gujar. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr.Abhishek Singh Mr.Utkarsh Dwivadi & Mr.Anupam Bhargava For Respondent(s) : Mr.Amit Punia, PP JUSTICE ANOOP KUMAR DHAND
Order 26/11/2025
1. The instant criminal writ petition has been preferred by the petitioner with the following prayer:-
“It is, therefore, prayed that this Hon’ble Court may be pleased to accept and allow the present writ petition and: I. By way of Appropriate Writ, Order or direction the Criminal Revision Petition filed by the petitioner filed before the Additional Sessions and District Judge, Chaksu, Jaipur may be decided expeditiously on merits. II. By way of Appropriate Writ, Order or direction direct the Revision Court to direct the Learned Trial Court to pass an appropriate orders regarding the cattle as per the provisions of The
[2025:RJ-JP:47962] (2 of 4) [CRLW-1487/2025] Prevention of Cruelty to Animals (Care & Maintenance of Case Property Animals) Rules, 2017 during the pendency of the Revision Petition. III. Pass such other or further orders/ directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”
2. By way of filing the instant criminal writ petition, a prayer has been made for issuing directions to the Additional District and Sessions Judge, Chaksu to decide the revision petition submitted by the petitioners against the impugned order dated 03.11.2025 passed by the Additional Chief Metropolitan Magistrate No.15, Jaipur Metropolitan-I.
3.
Learned counsel for the petitioner submits that on account of cruelty on animals, an F.I.R. was registered against the accused persons and the animals recovered at their instance and were handed over to the petitioner, who runs a shelter home for the welfare of the animals. Counsel submits that in spite of there being cruelty on the animals, the custody of the animals has been handed back to the accused persons by the Court below vide impugned order dated 03.11.2025. 4. Aggrieved by the aforesaid order, the petitioner has preferred a revision petition before the Court of Additional District and Sessions Judge, Chaksu, Jaipur wherein notices have been issued to the accused persons, but the accused are avoiding services. Therefore, under these circumstances, a stay application was also submitted by the petitioner for staying the operation of the order dated 03.11.2025 by which the interim custody of the animals has
[2025:RJ-JP:47962] (3 of 4) [CRLW-1487/2025] been handed over to the accused persons. Counsel submits that neither the stay application has been decided nor the revision petition has been decided, hence, under these circumstances, the petitioner has approached this Court seeking appropriate directions to the Revisional Court to pass appropriate orders. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Perusal of the record indicates that vide order dated 03.11.2025 several orders have been passed by which the custody of the animals has been handed over to the accused persons against whom the F.I.R. has been registered. It appears that the petitioner feels aggrieved by the aforesaid order and has preferred a revision petition before the Court of Additional District and Sessions Judge, Chaksu and the same is lying pending for its adjudication for want of service of notice/ summons upon the accused persons. The stay application submitted by the petitioner along-with the criminal revision petition is also lying pending for its adjudication. 7. Considering the above facts and circumstances, this Court deems it just and proper to dispose of the instant petition by issuing directions to the Revisional Court to make all possible endeavours to get the service of notice effected upon the accused persons against whom the revision petition has been submitted by the petitioner, and thereafter, pass appropriate orders in accordance with law on the stay application submitted by the petitioner expeditiously as early as possible.
[2025:RJ-JP:47962] (4 of 4) [CRLW-1487/2025]
8. With the aforesaid direction, the instant petition stands
disposed of. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /24