Bombay High Court stays proceedings while hearing petition to quash FIR

According to the petition filed by Bandra resident Amit Dhutia, he had asked a person to trim one tamarind tree in the compound of his building, Nector CHSL in Bandra. “The felling of the said tree led to a few birds sustaining injury as well as breaking of their eggs. An FIR came to be filed thereafter,” states the petition. The person who pruned the tree is absconding.

An FIR was filed under sections 428 (mischief by killing or maiming animal of the value of ten rupees) and 429 (mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees) of the Indian Penal Code besides other sections of the Wildlife Protection Act and Maharashtra (Urban Areas) Protection and Preservation of Trees Act.

Justice V M Kanade asked the state government to inform the court how the accused could be booked under these sections of the IPC, which attract a term which may extend to five years, or with fine, or with both.

The incident took place in May 2015. “None of the birds were killed or amputated in the mishap and no offence under any of the acts would be applicable. The applicant has been charged for mischief without giving any reasons… A prima facie perusal of the chargesheet indicates absence of ingredients as would hold applicant guilty under section 428 and 429,” states the petition, calling it a “cooked up story”.