A P ARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding of Complaint Case No. C1/471 of 2006, pending in the court of Judicial Magistrate, 1st Class, jamshedpur including the order dated 3-2-2007 holding therein that the prima facie case is made out against the petitioner under Section 11 (1) (a) (c) (e) (f) (g) (h) (i) and (1) of the Prevention of cruelty to Animals Act and thereby issued summon to the petitioner to face trial.

(2.) BEFORE adverting to the submission advanced on behalf of the parties, case of the complainant needs to be stated hereunder:

(3.) THE complainant - opposite party no. 2, President of Jamshedpur Animal Welfare Society, an NGO recognized by Animal welfare Board of India Chennai lodged the case on 17-4-2006 alleging therein that a legal notice had been issued to the petitioner, vice-President of M/s. Tata Motors intimating therein that under his instruction Telco town Health Department, has been killing stray dogs around Telco Colony but he did not get any response and the other day, i. e, 25-12-2005 an information was received that four persons are catching stray dogs through Iron Hands Tongs and are being kept in a van of M/s. Tata Motors and upon it he came over there and saw four persons are catching stray dogs through Iron Hands tong and they on being asked by the complainant told that they under the instruction of his employer, namely, M/s. Tata Motors are doing that. Upon it, he had talk with the General Manager of M/s. Tata Motors. It has been further alleged that one representative of the Town Division of M/s. Tata motors had asked for submission of the proposal for sterilization of stray dogs and thereupon it was submitted but none of the authority of m/s. Tata Motors did make any response to it. It has been alleged that in the past also, M/s. Tata Motors had killed stray dogs at number of occasions by throwing poisonous meat in the locality resulting into mercilessly killing of the dogs and when eco-friendly birds ate flesh of the dead body they also died and thereby prayer was made to take cognizance of the offences under section 11 of the Prevention of Cruelty to animals Act and also under Section 429 of the Indian Penal Code.