Updated: December 3, 2021 10:48:37 am
The Punjab and Haryana High Court on Thursday dismissed the plea of a Sri Muktsar Sahib resident seeking to quash the FIR registered against him for allegedly killing a dog with a blunt weapon.
The petitioner, Arun Kumar, was booked on November 30, 2017, under Sections 429 (Mischief by killing or maiming cattle, etc., of any value or any animal of the value of Rs 50) and 506 (criminal intimidation) of the Indian Penal Code at Police Station City, Sri Muktsar Sahib
However, he moved HC contending that he was falsely implicated in the instant FIR on the allegation that he has caused death of a pet dog of his neighbour with a blunt weapon. It was further contended that the FIR was registered against him on the basis of a statement, which is not supported by any circumstanstantial evidence and is based only on suspicious circumstances stating that the pet dog was found dead in front of the house of the petitioner.
The petitioner also contended that the post mortem report of the dog showed that it died due to hypoxia, which can be caused by malnutrition or pulmonary or lungs infection. The counsel for Kumar also relied upon the opinion of the doctor which would reflect no external injury mark, abrasion or laceration on the body of the pet, which would falsify the police version that the petitioner had hit the dog with a blunt weapon.
The state counsel in reply, on instructions from ASI, submitted that the matter already stand investigated and the challan stand presented and therefore, at the present moment, there is no ground for quashing of the said FIR.
The postmortem certificate of the dog was also produced before the Court. As per the said certificate, there was a single linear abrasion on left leg of the pet dog measuring 3.5’ long and 0.5 wide on csudolateral aspect of elbow. There was also mild inflammation on right side of forehead and upper lip. As per the certificate, the doctor opined that the animal might have died due to shock, probably caused by bleeding in thoracic cavity/hypoxia.
The Bench of Justice Jaishree Thakur, after hearing the plea, held, that since the matter already stand investigated and the challan presented, therefore, it would be a matter of evidence as to the cause of death of the pet dog. Hence, the FIR cannot be quashed at this stage.
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