Case Title: Sarvesh vs The State of Madhya Pradesh
The single bench of Justice Subhodh Abhayankar of the Madhya Pradesh High Court dismissed the First Information Report filed against a driver in Madhya Pradesh, accused of causing the death of a puppy by running over it.
The bench upon reviewing the CCTV footage of the incident, determined that the petitioner, Sarvesh, was unaware of the puppy’s presence at the roadside corner.
Consequently, the court concluded that there was no intent on Sarvesh’s part to harm the animal.
“This Court is of the considered opinion that to allow the present criminal case to continue against the petitioner would only be the misuse of the process of the court as the conviction of the petitioner under the facts and circumstances of the case appears a remote possibility, as it cannot be presumed that there was any intention on the part of the petitioner to commit such an offence”.
The individual in question was charged earlier this year under Section 429 of the Indian Penal Code, which pertains to “Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees,” along with Section 11 of the Prevention of Cruelty to Animals Act for the death of a dog.
In an effort to dismiss the FIR, it was contended that the petitioner did not have any intent to cause harm to the dog. The court was informed that the petitioner was unaware of two dogs being present on the left side at the center of the road.
Upon one dog fleeing the scene and leaving behind a puppy, it was suggested to the court that the petitioner might have mistakenly believed both dogs had left. Acknowledging the absence of intent to harm the dog, the court granted the plea.
