Mumbai, April 2: The Aurangabad bench of the Bombay High Court has quashed orders of a Shahada Sessions court that had stayed the grant of interim custody of 32 camels to a pastoralist, observing that the revision proceedings had become infructuous after the police filed a closure report.
HC sets aside sessions court orders
Justice Mehroz K. Pathan set aside the orders passed by the Additional Sessions Judge, Shahada, and directed the Judicial Magistrate First Class (JMFC) to decide on the closure report and pass a final order regarding custody of the animals within eight weeks.
Pastoralist cites traditional migration practice
The applicant, Bharabhai Mangubhai Rabari, belongs to the Rabari community, a nomadic pastoralist tribe traditionally engaged in breeding and rearing camels. In his petition, the applicant stated that transporting male camels across states is part of an annual migration pattern, where pastoralist families move towards Vidarbha in search of pasture lands after the monsoon.
FIR registered under animal cruelty law
According to the plea, filed by advocate Niranjan Deshpande, the applicant and his son were walking 32 male camels from Gujarat’s Kutch district to Amravati in Maharashtra when they were stopped at Shahada in Nandurbar district on December 26, 2025. An FIR was registered under provisions of the Prevention of Cruelty to Animals Act, alleging that the camels were being taken for slaughter.
Applicant denies allegations, cites prior closure
The applicant, however, maintained that the animals were being transported for legitimate pastoral purposes, including assisting migrating families by carrying goods, children, and livestock. He further argued that similar proceedings initiated against him in 2023 had also ended in a closure report, with authorities concluding that the activity was part of a lawful traditional occupation.
JMFC grants interim custody based on reports
Following the seizure of the camels, the applicant moved the JMFC court seeking interim custody. Veterinary examination reports placed before the court confirmed that all 32 camels were in sound health and showed no signs of cruelty. The investigating officer also supported the applicant’s case, stating that no offence was made out and identifying the rightful owners of the animals.
On January 12, 2026, the JMFC granted interim custody of the camels to the applicant. On the same day, the police filed a ‘C summary’ closure report, stating that the allegations were based on a “mistake of fact” and that no cruelty had been established.
Stay order challenged in revision proceedings
However, the informant challenged the custody order and sought a stay, which was initially granted by the magistrate and later continued by the sessions court in revision proceedings.
HC terms revision proceedings infructuous
The High Court noted that the revisional court continued the stay even after being informed that the police had filed a closure report. It observed that once the investigation concluded with no evidence of cruelty, the revision against an interim custody order lost its significance.
“It could be seen that the impugned stay order dated January 20, 2026 of the Revisional Court was passed after closure report is filed by the police. The subsequent order of stay dated January 23, 2026, in fact, notes that the ‘C’ summary is filed, even then the stay is continued mechanically only on the ground of paucity of time and bulky nature of documents. The order of stay was not continued thereafter and was only limited till next date. Since the 32 camels’ custody is already handed over to Petitioner (applicant), the interim custody order dated 12.01.2026 is already executed, the Revision has virtually become infructuous,” the order copy reads.
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Court finds no evidence of cruelty
The court also took note of the veterinary findings and investigation records, which did not indicate any harm to the animals. It held that the revisional court’s orders were unsustainable in law and liable to be quashed.
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