11-WP-4531-2025 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4531 OF 2025 Nitin Kantilal Nanavare …. Petitioner Versus The State Of Maharashtra Thr. Its Secretary And Anr. …. Respondents ----- Mr. Akshay S. Jagtap, Advocate for the Petitioner. Ms. Priyanka S. Rane, A.P.P., for the Respondent – State. ----- CORAM : SHIVKUMAR DIGE, J. DATE : 2nd DECEMBER, 2025. P.C. : 1. Heard learned counsel for the Petitioner and learned APP for the Respondent – State. 2. The challenge in this writ petition is impugned judgment and order passed by the learned Additional Sessions Judge, Sangli, in Criminal Revision Application No.57 of 2023, whereby the Petitioner has been directed to deposit the amount towards the maintenance of the seized cattles. 3. It is contention of learned counsel for the Petitioner that based on secret information, the police conducted a raid, at the house premises of Accused No.3 and seized 54 cattles animals which were Shantanu S. Dhudum 1/3 SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2025.12.09 13:48:18 +0530 11-WP-4531-2025 (CR).doc allegedly tied there for purpose of slaughtering. It is further alleged that those cattles were transported to the house of the Accused No.3 in a Eicher tempo belonging to the Petitioner. Learned counsel further submitted that the learned trial Court has directed the Petitioner to pay Rs.200/- per cattle animal per day from 3rd March, 2023 to 3rd July, 2023 as maintenance charges . According to the Petitioner, the said order is erroneous, as the Petitioner was not caught red-handed with the cattles; rather, the cattles were found tied in the house premises of the Accused No.3. Unless evidence brought on record, the Petitioner cannot be held liable for said alleged transportation. Hence, requested to allow the petition. 4. It is contention of learned APP, that the cattles were found in the house premises of Accused No.3 and had been brought there for slaughtering. These cattles were transported in the tempo of the Petitioner. The Petitioner is actively involved in the said crime. As per the notification of the Government, the Petitioner is liable to pay maintenance of the said cattles. The learned Judicial Magistrate First Class, Miraj (for short, “JMFC”) and learned Additional Session Judge, Sangli have passed well reasoned order, no interference is required in it, and requested to dismiss the writ petition. 5. I have heard both learned counsel, perused the impugned Shantanu S. Dhudum 2/3 11-WP-4531-2025 (CR).doc order passed by the learned Sessions Judge. 6. Admittedly, the cattles are seized from the house premises of Accused No.3. It is alleged that these cattles were transported from the Petitioner’s tempo. To prove the said fact, evidence is required, however, without considering this fact, the learned JMFC and learned Additional Sessions Judge, Sangli have passed orders, which are erroneous. Hence, I pass following order: ORDER i. The writ petition is allowed. ii. The impugned order passed by learned Additional Sessions Judge, Sangli, vider order dated 20.07.2024, is quashed and set aside. iii. The Petitioner shall not claim the ownership of the cattles. iv. The Petitioner shall not sell or rent the Eicher tempo bearing No. MH-47-Y-8254, till the conclusion of the trial. v. The Petitioner shall file undertaking in that regard. 7. In view of the aforesaid terms, the petition is disposed off. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 3/3