A bench comprising Justice Revati Mohite Dere and Justice Sandesh Patil quashed a criminal case registered against a 42-year-old Pune resident who was accused of stopping a woman and her friends from feeding stray dogs at the entrance of a housing society
The Bombay HC held that such an act cannot be termed “wrongful restraint” or “voluntary obstruction” under the law. Representational Pic/File
The Bombay High Court has ruled that preventing someone from feeding stray dogs in non-designated areas does not amount to an offence under the Bharatiya Nyaya Sanhita (BNS), reported the PTI.
A bench comprising Justice Revati Mohite Dere and Justice Sandesh Patil quashed a criminal case registered against a 42-year-old Pune resident who was accused of stopping a woman and her friends from feeding stray dogs at the entrance of a housing society, according to the PTI.
The court held that such an act cannot be termed “wrongful restraint” or “voluntary obstruction” under the law.
“Stopping a person from wrongly feeding stray dogs in a non-designated area cannot be considered restraint under the Bharatiya Nyaya Sanhita,” the bench observed.
The judgment, delivered on December 18 and made available on Tuesday, clarified that preventing dog feeding on footpaths, society entry and exit points, and school bus stops does not constitute a criminal offence.
Feeding allowed only at designated spots
The court noted that the accused had merely informed the complainant that the location where the dogs were being fed was not a designated feeding area.
Referring to Supreme Court rulings and the Animal Birth Control Rules, the High Court said feeding of stray dogs must be done only at designated locations, as prescribed under law.
Safety of residents, not criminal intent
The High Court observed that the alleged obstruction lacked any criminal intent and was aimed at ensuring the safety of children and residents of the housing society.
The accused had raised concerns due to past incidents of dog bites and attacks within the premises. The court said such actions, taken in the interest of public safety, cannot be considered illegal.
FIR filed after dispute in housing society
According to the FIR registered at Hinjewadi police station in January, the complainant had gone to a residential society to feed stray dogs when the accused and other residents objected and allegedly stood in front of her car, preventing her from leaving.
Seeking quashing of the FIR, the accused stated that there were over 40 stray dogs in the society and that residents had repeatedly faced safety issues due to dog attacks.
The Bombay High Court accepted the argument and quashed the criminal proceedings.
(with PTI inputs)
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