POOJA DA GAMA ROSE Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioner and respondent no. 3 are both residents of a gated Society called the Harbans Vihar Society at Ribandar in Goa and they are before this Court on the basis of proceedings initiated at the behest of respondent no. 3, under Sec. 133 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The petitioner is aggrieved by notices dtd. 26/2/2020 and 9/10/2020, issued by the respondent no. 2 i.e. the Joint Executive Magistrate. While initiating proceedings under Sec. 133 of Cr.P.C., the respondent no. 2-Magistrate passed a conditional order dtd. 5/2/2021, issuing specific directions against the petitioner and another resident of the said Society, which is also subject matter of challenge.

(2.) The respondent no. 3, filed a complaint dtd. 2/12/2019, before the Collector of North Goa, claiming that there was an ongoing problem with regard to stray dogs being fed by some members of the Society inside the premises of the Society, leading to nuisance in the form of danger to the residents and in some cases, to the pets of the residents of the said Society. Respondent no. 1, called upon the Collector to take appropriate steps in the matter. In the said complaint, the respondent no. 3 referred to three earlier complaints dtd. 26/7/2019, 16/9/2019 and 8/11/2019, submitted in respect of the aforesaid alleged nuisance. Copies of the said earlier complaints/applications were annexed to the aforesaid complaint dtd. 2/12/2019. In the earlier complaint dtd. 26/7/2019, the petitioner was specifically named as one of the persons, who was feeding the stray dogs within the premises of the Society, allegedly leading to nuisance. In the complaint dtd. 16/9/2019, six residents of the Society had raised grievance before the Collector as well as the Health Officer and the Secretary of the Village Panchayat.

(3.) On 27/12/2019, the Additional District Magistrate of North Goa, issued a memorandum to the respondent no. 2-Magistrate, referring to the complaint dtd. 2/12/2019, submitted by respondent no. 3 and directed initiation of necessary action under Sec. 133 of Cr.P.C. after obtaining report from the Talathi, in accordance with law. On 7/2/2020, the Talathi submitted a report to the respondent no. 2-Magistrate, wherein it was stated that stray dogs were indeed being fed within the premises of the Society, further stating that directions were necessary to the members to refrain from feeding dogs from the street within the compound as it may cause danger to the residents of the Society.