New Delhi [India], July 25 : Karkardooma Court has recently rejected a revision moved by a sub-inspector of the Delhi police against an order directing registration of an FIR for brutally beating a dog. He had challenged the order passed by the metropolitan Magistrate on February 13, 2023.
The Station House Officer (SHO) at Jafrabad was directed to register an FIR. The Magistrate court had passed the order after watching a video widely circulated on social media in which the revisionist was seen in uniform beating a dog with a lathi. He was identified as Ravinder Kumar.
Principal District and Sessions Judge (PDSJ) Sukhvinder Kaur rejected the revision moved by Ravinder Kumar challenging the order for registration of an FIR.
PDSJ Sukhvinder Kaur said that there is also no error in the finding of the court that, prima facie, several offences are committed which require investigation, and the complainants cannot be asked to adduce evidence in the present case.
While dismissing the revision, the court observed, "The complainants cannot be expected to collect and adduce their evidence pertaining to the authenticity of the viral video on the basis of which this complaint has been filed or recover the weapons of offence which are crucial for establishing the guilt of the accused."
"Hence, I agree with the view taken by the trial court that proper investigation is required to be done for establishing the authenticity of video, recording statements of residents of locality, eye witnesses and doctors who treated the dog while ensuring the protection of witnesses, and for recovery of weapon of offence," PDSJ Sukhvinder Kaur said in the order of July 18.
The court further said that apart from that, this court is also of the view that since the revisionist has disputed the examination report of the dog produced by the complainant, the dog also needs to be examined to ascertain permanent disability, if any, sustained by it, which also requires investigation.
The Magistrate court had passed the order of FIR after hearing a complaint moved by Niharika Kashyap and others. The complainants claimed that they are fellows of Ahimsa Fellowship, which aims towards animal welfare and works towards the enforcement of animal protection laws in the country.
They alleged that the proposed accused is an employee of Delhi Police currently posted at PS Jafrabad and has committed several grave and serious offences by inflicting unnecessary pain and suffering on a community dog by continuously beating it with a stick so as to maim and render it useless.
The alleged incident occurred in the morning of January 10, 2022, around 10:40 am, when the accused was speeding his motorcycle in Gali No. 44, Jafrabad, and he scared a community dog resting on the footpath. Then he was bitten by the dog on his leg, after which he stopped his motorcycle and hit the dog with a lathi, as a result of which the dog ran away and hid in a side lane.
Thereafter, the proposed accused went in search of the said community dog with the intent of inflicting harm upon the dog and found it near a house, Jafrabad and started beating the dog repeatedly and mercilessly with his lathi, even though it was lying motionless and lifeless on the road, the complainant had alleged.