Case Note & Summary
The applicant, Shafiqullaha Kha Ashfaqullha Kha, was the driver of a Pick Up Bolero van bearing registration No. MH-37/J-1153. On 15 July 2018, a First Information Report (FIR) was registered at Police Station Shivaji Nagar, Khamgaon, District Buldhana, based on a complaint by Nilesh Chapalal Bardiya, who claimed to be the President of Bajrang Dal, Khamgaon. The FIR alleged that the vehicle was found carrying animal skins, and upon verification by the Animal Husbandry Department, it was determined that the skins were of cow species. Consequently, the applicant was charged with offences under Sections 5(A), 5(B), 5(C), 9, and 9(A) of the Maharashtra Animal Preservation Act, 1976, read with Section 188 of the Indian Penal Code and Sections 105 and 117 of the Bombay Police Act. The applicant filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the FIR. The applicant's counsel argued that the Animal Husbandry Department's report did not conclusively prove that the skins were of cow species, and therefore, the essential ingredients of the alleged offences were missing. The State opposed the application, but the complainant did not appear despite service. The High Court examined the report and found that it merely stated the skins were of cow species without providing any scientific basis or conclusive evidence. The court held that the burden of proof lies on the prosecution to establish that the skins are of cow species, and in the absence of such proof, the FIR cannot be sustained. The court quashed the FIR and all proceedings arising therefrom, ruling that continuing the prosecution would be an abuse of the process of law.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court can quash an FIR if the allegations do not disclose a cognizable offence or if the continuation of proceedings would be an abuse of process of law. (Para 6-10) B) Animal Preservation - Offence of Cow Slaughter - Sections 5, 9 Maharashtra Animal Preservation Act, 1976 - Burden of Proof - The prosecution must prove that the animal skins recovered are of cow species. Mere recovery of skins without conclusive evidence from the Animal Husbandry Department is insufficient to sustain charges. (Para 4, 6-10) C) Criminal Procedure - Section 482 CrPC - Abuse of Process - Where the essential ingredients of the alleged offence are missing, the FIR is liable to be quashed to prevent abuse of the court process. (Para 10)
Issue of Consideration
Whether the FIR registered against the applicant for offences under the Maharashtra Animal Preservation Act, 1976 and other penal provisions can be quashed under Section 482 of the Code of Criminal Procedure, 1973 when the recovered animal skins are not conclusively proven to be of cow species.
Final Decision
The FIR No. 265 of 2018 registered with Police Station Shivaji Nagar, Khamgaon, District Buldhana, and all proceedings arising therefrom, are quashed and set aside.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Maharashtra Animal Preservation Act
- 1976
- Sections 5 and 9
- Burden of proof
- Species identification
- Cow slaughter prohibition
