Case Note & Summary
The petitioners, Shrusthi Agro & Cold Storage and its partners, filed a petition under Section 482 Cr.P.C. seeking quashing of FIR No. 42/2018 registered at Mal Maruti Police Station, Belagavi, for offences under Section 420 read with 429 IPC, Sections 11, 9, 8, 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 FIR was based on a complaint by respondent No.2 alleging that a vehicle belonging to the petitioners was transporting cows in a cruel manner for slaughter. The petitioners argued that the vehicle was carrying buffaloes, not cows, and that they had no involvement in the alleged cruelty. The court examined the FIR and the complaint and found that the vehicle was carrying buffaloes, which are not protected under the Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964. The court also noted that the petitioners were not present at the scene and there was no allegation of any fraudulent or dishonest conduct to attract Section 420 IPC. The court held that no prima facie case was made out against the petitioners and quashed the FIR and all proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Inherent Powers - The High Court can quash an FIR if no prima facie offence is made out and the allegations do not disclose any criminal offence. The court must consider the contents of the complaint and FIR to determine if the ingredients of the alleged offences are satisfied. (Paras 1-10) B) Karnataka Prevention of Cow Slaughter and Cattle Protection Act, 1964 - Definition of Cow - Sections 4, 8, 9, 11 - The Act prohibits slaughter of cows, but not buffaloes. The FIR alleged transport of cows, but the vehicle was carrying buffaloes. Hence, no offence under the Act is made out. (Paras 5-8) C) Prevention of Cruelty to Animals Act, 1960 - Cruelty - Section 11(1)(d) - The offence requires a person to subject an animal to unnecessary pain or suffering. The petitioners were not present at the scene and there is no allegation that they caused any cruelty. The FIR does not disclose any act of cruelty by the petitioners. (Paras 7-9) D) Indian Penal Code - Cheating - Section 420 - The offence requires fraudulent or dishonest inducement to deliver property. The FIR does not allege any such inducement by the petitioners. The mere transport of animals does not constitute cheating. (Paras 6-8)
Issue of Consideration
Whether the FIR and proceedings against the petitioners for offences under Section 420 read with 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 under Section 482 Cr.P.C.
Final Decision
The petition is allowed. The FIR No. 42/2018 dated 26.02.2018 registered by Mal Maruti Police Station, Belagavi, and all proceedings pending before the II JMFC Court, Belagavi, are quashed.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- No prima facie case under Karnataka Prevention of Cow Slaughter and Cattle Protection Act
- 1964
- Distinction between cow and buffalo under the Act
- Section 11(1)(d) of Prevention of Cruelty to Animals Act
- 1960 requires mens rea
- Section 420 IPC not attracted without fraudulent intention
