The Bombay High Court has quashed an FIR lodged against a delivery boy for allegedly killing a dog in a road accident. High court not only slams police but fined officer for ₹20000 who allowed FIR and investigation.
An 18-year-old food delivery boy was detained by the Marine Drive Police under Sections 229 and 337 of the relevant endangering human life statutes as well as Section 429 of the Indian Penal Code for mischief by killing an animal. He was accused of violating the Prevention of Cruelty to Animals Act’s Section 11(a)(b).
A dog feeder of Mumbai filed the complaint and accused the delivery boy of hitting and killing a stray dog on the road while riding his bike at a high speed.
Delivery boy Manas Godbole’s Counsel Trupti Shetty pleaded in the High Court that During the nationwide lockdown on April 11, 2020, the appellant was on his way to deliver food when a stray dog abruptly crossed in front of his motorcycle. The delivery boy abruptly hit the brakes in an effort to save the dog. Unfortunately, he and the dog turned to the same side, and as a result, both of them were hurt. The dog passed away.
The bench of Justice Revati Mohite Dere and Justice Prithviraj Chavan observed, “Considering that the police had lodged the said prosecution despite no offence having been disclosed, we deem it appropriate to direct the state government to pay costs of Rs. 20,000/- to the petitioner. However, the said costs shall be recovered from the salary of the concerned officers responsible for lodging the FIR and later approving the filing of a chargesheet.”
The court further stated that since the police are the custodians of the law, they should exercise greater caution and circumspection while filing FIRs and, of course, when submitting chargesheets.
