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IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Emon Roy – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. summary of case facts and police investigative findings regarding the alleged incident. (Para 1 , 8 , 9 , 10) |
| 2. review of contentions regarding lack of proof, mens rea, and statutory definitions. (Para 2 , 3 , 4 , 5 , 6 , 7 , 11) |
| 3. interpretation of ipc and prevention of cruelty to animals act requirements. (Para 12 , 13 , 14 , 15 , 19 , 20 , 21 , 24) |
| 4. establishment of criminal intent and criteria for judicial intervention. (Para 16 , 17 , 18 , 22 , 23 , 25) |
| 5. final judgment quashing the criminal proceedings. (Para 26 , 27) |
Judgment :
Dr. Ajoy Kumar Mukherjee, J.
1. The instant application has been preferred seeking quashment of GR Case no. 7201 of 2022, corresponding to Chatterjeehut Police Station Case No. 241 of 2022 under section 428/429 of IPC read with section 11(1) (a) of the Prevention of Cruelty to Animal Act, 1960 (in short Act of 1960). According to the FIR lodged by the complainant, a stray dog was run over on 04.12.2002 by a slow moving car, near 2/9 Olaibibitala Bylane, Howrah. The FIR emphasises deliberate cruelty by the petitioner.
2. Being aggrieved by the impugned proceeding, Mr. Mukherjee, learned Counsel appearing on behalf of the petitioner subm
A driver cannot be held criminally liable for an accident caused by an unforeseen event without evidence of negligent or rash conduct. The absence of mens rea precludes criminal liability under IPC s....
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....
The court established that trivial allegations lacking substantial corroboration do not justify criminal proceedings, warranting quashing of FIR and charges framed against the accused.
Provocation leading to loss of self-control can reduce a murder charge to culpable homicide under Section 304 Part I IPC, requiring evaluation of intent and the nature of prior events.
The main legal point established in the judgment is that the accused, prima facie guilty of causing cruelty to the animals, was not entitled to interim custody of the seized cattle.
Proceedings cannot continue without evidence substantiating the allegations against the petitioners, highlighting the court's duty to prevent abuse of legal processes.
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