5 months ago
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Stopping a idiosyncratic from feeding stray dogs successful non-designated areas cannot beryllium held arsenic "wrongful restraint" oregon "obstruction" nether the Bhartiya Nyaya Sanhita, the Bombay High Court said.
A Bench of Justices Revati Mohite Dere and Sandesh Patil quashed a transgression lawsuit registered against a 42-year-old Pune nonmigratory for allegedly stopping a pistillate and her friends from feeding stray dogs astatine the gates of their lodging society.
"Stopping a idiosyncratic from wrongfully feeding stray dogs successful a non-designated country cannot beryllium said to `restrain' wrong the meaning of the Bhartiya Nyaya Sanhita," the High Court said.
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The judgement passed connected December 18, a transcript of which was made disposable connected Tuesday (December 23, 2025), said obstructing idiosyncratic from feedings dogs connected footpaths, introduction and exit points of a lodging nine and schoolhouse autobus stops wherever children surviving successful the nine committee and alight, cannot beryllium said to beryllium a voluntary obstruction oregon wrongful restraint.
The accused had informed the complainant and her friends that the spot wherever they were feeding dogs was not a "feeding spot", the High Court noted.
"Hence, we find that obstructing a idiosyncratic from feeding stray dogs successful a non-designated country cannot beryllium said to beryllium wrongful restraint," the Court said, referring to judgments passed by the Supreme Court connected the contented of stray dogs and besides the Animal Birth Control Rules which supply for designated feeding areas for specified animals.
The alleged obstruction did not person immoderate transgression intent but was meant to guarantee the information of children surviving successful the lodging society. As determination had been incidents of canine bites and attacks, the accused stopped the complainant and her friends, and specified an enactment by nary agelong of imaginativeness tin beryllium stated arsenic illegal, said the High Court.
As per the First Information Report (FIR) registered astatine Hinjewadi constabulary presumption successful January, erstwhile the complainant went to a residential nine successful Hinjewadi country to provender thoroughfare dogs, the accused and different members of the nine took objection and stood successful beforehand of her car, preventing her from leaving the spot.
Seeking quashing of the FIR, the accused said determination were implicit 40 stray dogs successful the nine which was causing a occupation for the residents, and determination had been respective instances of dogs biting radical connected the premises.
