EMON ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant application has been preferred seeking quashment of GR Case no. 7201 of 2022, corresponding to Chatterjeehut Police Station Case No. 241 of 2022 under Sec. 428/429 of IPC read with Sec. 11(1) (a) of the Prevention of Cruelty to Animal Act, 1960 (in short Act of 1960). According to the FIR lodged by the complainant, a stray dog was run over on 4/12/2002 by a slow moving car, near 2/9 Olaibibitala Bylane, Howrah. The FIR emphasises deliberate cruelty by the petitioner.

(2.) Being aggrieved by the impugned proceeding, Mr. Mukherjee, learned Counsel appearing on behalf of the petitioner submits that inordinate delay in lodging the written complaint has not been explained anywhere. The investigating authority recorded the statements of some persons under sec. 161 Cr.P.C., who stated before the investigating authority that the car approached at a slow pace and they are of the view that the driver specifically targeted the dog. But no other direct physical evidence has been cited to corroborate the belief.

(3.) He further argued that the offence under Sec. 428 and 429 of the IPC are based on the concept of "mischief" as defined in Sec. 425 IPC, which requires a wrongful or intentional destruction or diminution of public property. But public property in its statutory sense does not extend to a stray animal as it is neither owned nor controlled by any government authority or institution.