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ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No.1890 of 2025 for the offence under section 11 (1) (a) of the Prevention of Cruelty to Animals Act pending on the file of Honble Judicial Magistrate No.I, Tambaram.

2. On the complaint lodged by the second respondent, the first respondent had registered a case in Crime No.404 of 2024 for the offence under section 11 (1) (a) of the Prevention of Cruelty to Animals Act alleging that the second respondent is having a pet dog and the petitioner pelted stone on the dog. After completion of investigation, the respondent has filed the final report and the same has been taken cognizance by the learned Magistrate in STC.No.1890 of 2025.

3. A perusal of records reveal that the petitioner and the second respondent are neighbours and the second respondent is having a pet dog and there was previous enmity between the petitioner and the second respondent. Therefore, when the petitioner was walking in the street, the second respondent with malicious intention, will drive the dog to bite the petitioner and the dog also bit the petitioner’s leg and caused severe injuries. Therefore, the petitioner had lodged a complaint and the same was registered by the first respondent in Crime No.403 of 2024 for the offence under section 291 of BNS as against the second respondent. Therefore the present proceedings is nothing but a counter blast to the complaint lodged by the petitioner in Crime No.403 of 2024. That apart, offence under section 11 (1) (a) of the Prevention of Cruelty to Animals Act is a non cognizance offence and maximum punishment for the offence is fine of Rs.10/- which may be extend to Rs.50/-. Therefore, even before registration of the First Information Report, the first respondent ought to have obtained necessary permission as contemplated under section 174(2) of BNSS and without obtaining prior permission, the first respondent had registered the First Information Report and also completed the investigation and filed the final report and the trial Court also without noticing the same, mechanically took cognizance and issued summons to the petitioner.

4. It is relevant to extract Section 11(1)(a) of the Prevention of Cruelty which reads as follows :

11. Treating animals cruelly.—

(1)If any person—(a)beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animals to be so treated; or (b)employs in any work or labour or for any purpose any animal which, by reason of its age or any disease, infirmity, wound, sore or other cause, is unfit to be so employed or, being the owner, permits any such unfit animal to be so employed; or (c)wilfully and unreasonably administers any injurious drug or injurious substance to any animal or wilfully and unreasonably causes or attempts to cause any such drug or substance to be taken by any animal; or (d)conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering; or (e)keeps or confines any animal in any cage or other receptacle which does not measure sufficiently in height, length and breadth to permit the animal a reasonable opportunity for movement; or (f)keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord; or (g)being the owner, neglects to exercise or cause to be exercised reasonably any dog habitually chained up or kept in close confinement; or (h)being the owner of any animal, fails to provide such animal with sufficient food, drink or shelter; or(i)without reasonable cause, abandons any animal in circumstances which render it likely that it will suffer pain by reason of starvation or thirst; or (j)wilfully permits any animal, of which he is the owner to go at large in any street while the animal is