Case Note & Summary
The petitioners, Shrusthi Agro & Cold Storage and its partners, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the complaint and FIR dated 26.02.2018 registered at Mal Maruti Police Station, Belagavi, and all pending proceedings before the II JMFC Court, Belagavi. The FIR alleged offences under Section 420 read with 429 of the Indian Penal Code, 1860 (IPC), Sections 11, 9, 8, and 4 of the Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964, and Section 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960. The background of the dispute involves the second respondent, Smt. Joshine, who filed a complaint claiming that the petitioners illegally transported cows meant for slaughter, causing cruelty and cheating. The facts reveal that on the alleged date, the petitioners' vehicle carrying cows was intercepted by the police. The petitioners contended that the cows were being transported to their cold storage facility for preservation, not for slaughter. The legal issues centered on whether the FIR disclosed a prima facie case for the alleged offences. The petitioners argued that the transport of cows is not prohibited under the Karnataka Prevention of Cow Slaughter Act unless it is for slaughter, and there was no evidence of slaughter intent. The respondents argued that the transport without a valid permit and the condition of the cows indicated cruelty and intent to slaughter. The court's analysis examined the provisions of the Acts and found that the Karnataka Prevention of Cow Slaughter Act prohibits slaughter of cows but does not prohibit transport per se. The court noted that the complaint lacked specific allegations of cruelty or cheating. The court held that no prima facie case was made out against the petitioners and that continuing the proceedings would be an abuse of process of law. The decision was to allow the petition and quash the FIR and all proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Inherent Powers - The court examined whether the FIR and complaint disclosed a prima facie case against the petitioners for alleged illegal transport of cows for slaughter. Held that the allegations did not make out any offence as the cows were being transported to a cold storage facility, not a slaughterhouse, and there was no evidence of intent to slaughter. (Paras 2-10) B) Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964 - Sections 4, 8, 9, 11 - Transport of Cows - The court considered whether the transport of cows in a vehicle without a valid permit constituted an offence under the Act. Held that the Act prohibits slaughter of cows but does not prohibit transport per se; the prosecution failed to show that the transport was for slaughter. (Paras 5-8) C) Prevention of Cruelty to Animals Act, 1960 - Section 11(1)(d) - Cruelty to Animals - The court examined whether the manner of transport caused unnecessary pain or suffering. Held that there was no evidence of cruelty as the cows were being transported in a vehicle with proper arrangements. (Paras 6-9) D) Indian Penal Code, 1860 - Sections 420 and 429 - Cheating and Mischief - The court assessed whether the allegations of cheating and mischief were made out. Held that there was no deception or damage to property as alleged; the complaint was vague and lacked specific details. (Paras 4-7)
Issue of Consideration
Whether the FIR and proceedings against the petitioners for offences under Section 420 r/w 429 IPC, Sections 11, 9, 8, 4 of Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964, and Section 11(1)(d) of Prevention of Cruelty to Animals Act, 1960 should be quashed for lack of prima facie case.
Final Decision
The petition is allowed. The complaint and FIR dated 26.02.2018 (Annexures-A and A-1) and all pending proceedings on the file of II JMFC Court, Belagavi, are quashed.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Prima facie case
- Karnataka Prevention of Cow Slaughter and Cattle Protection Act
- 1964
- Prevention of Cruelty to Animals Act
- 1960
- Sections 420 and 429 IPC
