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SHAMPA SARKAR
Atasi Chakraborty (majumdar) – Appellant
Versus
State Of West Bengal – Respondent
ORDER
1. The Court is not satisfied with the progress in the investigation.
2. The writ petitioners are some of the members of the Kalyani Bar Association. They filed a complaint that a pig let which had been rescued and brought up by them, was forcefully taken away by some miscreants. The pig stayed in the court compound.
3. It is alleged that on March 25, 2022 at about 5-40 hours, four unknown persons entered the Court premises in a swift desire and forcefully took away the animal.
4. It appears that the entire incident was videographed in a mobile phone by a security guard and forwarded to the police. It is urged that the police authorities registered the case under Section 379 of the Indian Penal Code vide Kalyani Police Station Case No. 128 of 2022 dated April 2, 2022, under Section 379 of the Indian Penal Code. It is further urged that forceful removal of the animal from its familiar surroundings and from the custody of the persons who looked after it, amounted to cruelty. The provisions of Prevention of Cruelty to Animals Act, 1960 (PCA Act) should have been incorporated in the FIR.
5. Prima facie, this Court finds substance in the contentions of the petitioner. The police author
The rights of animals under the Prevention of Cruelty to Animals Act and the Constitution of India must be protected, and the authorities have a duty to ensure the well-being of animals and prevent c....
animals’ well-being and welfare have been statutorily recognized under Section 3 and Section 11 of the PCA Act and the rights framed under the Act. Right to live in a healthy and clean atmosphere and....
Custody of animals under the PCA Act must prioritize their welfare, and ownership must be substantiated to prevent further cruelty; interim custody cannot be granted based on forged ownership documen....
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