Kerala High Court
Silvy Sunil vs Sub Inspector Of Police on 16 October, 2018
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 16TH DAY OF OCTOBER 2018 / 24TH ASWINA, 1940
Crl.MC.No. 8342 of 2017
CC 99/2017 OF JMFC, KAKKANAD
CRIME NO. 1976/2016 OF THRIKKAKARA POLICE STATION ,
ERNAKULAM
PETITIONER/S:
SILVY SUNIL
AGED ABOUT 39 YEARS, W/O.B.SUNIL KUMAR,VYSAKH
BHAVAN, WARD NO.11, NILAMPATHINJIMUGHAL,
RAJAGIRI VALLEY P.O.,THRIKKAKKARA MUNICIPAL
CORPORATION,
KAKKANAD - 682 039.
BY ADVS.
SRI.S.SUNIL MAURYAN
SMT.G.N.NISHA NAIR
SRI.P.PREMAN
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE
THRIKKAKKARA POLICE STATION,KAKKANAD,
ERNAKULAM CITY,PIN - 682 030.
2 SECRETARY
THRIKKAKKARA MUNICIPAL CORPORATION,ERNAKULAM
DISTRICT, PIN - 682 030,DEFACTO COMPLAINANT.
3 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM,PIN - 682 031.
Crl.MC.No. 8342 of 2017
..2..
OTHER PRESENT:
SR.PP.SRI.B.JAYASURYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
16.10.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
ORDER
Petition filed under Section 482 Cr.P.C.
2. The petitioner is the accused in CC No. 99 of 2017 on the file of the Judicial First Class Magistrate Court, Kakkanad. She is alleged to have committed the offences under Section 448 of the Indian Penal Code, Section 118(e) of the Police Act and Section 11 of the Prevention of Cruelty to Animals Act. The prosecution case is this: Protesting the alleged inaction on the part of the Thrikkakara Municipality in curbing the menace of stray dogs, the petitioner took 13 puppies in a sack and let them lose in the premises of Crl.MC.No. 8342 of 2017 ..3..
the municipal office. The proceedings are sought to be quashed on the ground that she was only protesting the failure of the municipality to take action against the menace of stray dogs.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. It is an admitted fact that the menace of stray dogs is on the increase in the State, especially, in the places around Kochi city. There has been no effective action on the part of the local authorities to curb the menace. Admittedly, the petitioner took some puppies to the premises of the municipal office to protest against the inaction of the municipal authorities. She did not intend to do any cruelty to the animals. So, I am inclined to quash the proceedings against her. In the result, this Crl.M.C. is allowed. The proceedings in CC No. 99 of 2017 on the file Crl.MC.No. 8342 of 2017 ..4..
of the Judicial First Class Magistrate Court, Kakkanad are quashed.
Sd/-
K.ABRAHAM MATHEW JUDGE APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1. CERTIFIED COPY OF FIR NO.1976/16 OF THRIKKAKKARA POLICE STATION DATED 18- NOV-2016 AGAINST THE PETITIONER.
ANNEXURE A2. CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1976/16 OF THRIKKAKKARA POLICE STATION DATED 30-NOV-2016 AGAINST THE PETITIONER.
ANNEXURE A3. CERTIFIED COPY OF THE COURT CHARGE DATED 5-AUG-2017 IN C.C.99/2017 OF THE LEARNED JUDICIAL MAGISTRATE OF FIRST CLASS, KAKKANAD.
Bka/16.10.2018