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2025 Supreme(Online)(Ker) 46210

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
MR. ARUN MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.AMRITA JAYARAM
For the Respondents: PP.SRI.M.P.PRASANTH

ORDER

Dated this the 21st day of October, 2025

The petitioner is the accused in Crime No.1348/2025, registered by the Kannanalloor Police Station, for allegedly committing the offences punishable under Sections 270 and 271 of the Bharatiya Nyaya Sanhita , 2023 (‘ BNS ’, in short).

2. The prosecution case, in brief, is that on 04.09.2025, at around 9:00 hours, the informant saw the petitioner travelling in an autorickshaw bearing Registration No.KL 02BX 4096 at Kureepally junction in Thrikkovilvattom Village, and dumping chicken waste on the public road. The dumping of waste will cause pollution and health hazards to the people of the locality. Hence, the petitioner has committed the above offences.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, even if the allegations in Annexure 1 First Information Report are taken on its face value, the same will not constitute the offences under Section s 270 and 271 of the BNS . The petitioner has not thrown any waste on the public road. Instead, the petitioner was only feeding the stray dogs with chicken bones, which will not constitute an offen

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