Mumbai News: Animal Feeder Serves Legal Notice To DCP & ACP Over Mulund Police Inaction In Puppy Hit-And-Run FIR

Mumbai: Mulund resident has served a legal notice to senior officials of Mumbai police after they failed to register an offence against his neighbour for killing a four-month-old puppy while rash driving. The notice against zone-7 deputy commissioner of police (DCP) and assistant commissioner of police of Mulund division, has demanded the law enforcement agency to book the car’s driver within 48 hours.

Puppy Killed by Speeding Car in Mulund's St. Pius X Colony

On July 8, a speeding car in the St. Pius X Colony located on Nahur Road in Mulund (W) allegedly hit a four-month-old community dog Bella, resulting in the puppy’s death. The Free Press Journal reported on July 24 that officials at Mulund police station failed to register a first information report (FIR) against the car driver Dr. Allan Castellino even though his neighbour Kevin Braganza, who was also the puppy’s feeder, submitted a written complaint along with Pure Animal Lovers (PAL) Foundation.

FIR Not Filed Even After 4 Weeks, Legal Notice Issued

As the police failed to book Castellino even after almost four weeks, Braganza served a legal notice to Mumbai police’s DCP zone-7 and ACP Mulund division, through Advocate Purva Basrur. The notice stated that Braganza approached Mulund police after Castellino displayed complete apathy towards the puppy’s death but the police officials persistently refused to register an FIR despite several follow-ups.

Police Cited HC Ruling to Deny FIR; Feeder Challenges Interpretation

Through the notice, the animal feeder has alleged that police cited “frivolous and legally untenable grounds that are contrary to law” while refusing to register an FIR. It stated that the police officials cited Bombay High Court’s judgement to quash an FIR against a delivery boy for accidentally mowing a community dog and also imposed fines on police officials for booking him under sections of rash driving and causing hurt due to negligence.

Feeder Cites SC’s Lalita Kumari Ruling Making FIR Mandatory

However, the legal notice argued that the judgement was specific to its facts and cannot be used to create a blanket immunity for similar acts. It stated that the recent incident involved reckless driving within a gated society where speed limits are expected. It cited the supreme court’s judgement in Lalita Kumari vs. Government of Uttar Pradesh judgement of 2014 that laid down the binding principle that registration of an FIR is mandatory where cognisable offence is disclosed.

Animal Rights Group Warns of Court Action Over Police Apathy

The legal notice has called the senior police officials to direct their subordinates to register an FIR, under relevant sections of Bharatiya Nyaya Sanhita, Prevention of Cruelty to Animals Act as well as the Motor Vehicles Act, within 48 hours. The feeder has threatened that if the police fail to register an offence, he will initiate legal action through Bombay High Court, state human rights commission and police complaints authority among others.

Mumbai News: 15 Days On, Mulund Police Fail To Register FIR Against 80-Yr-Old Car Driver For Killing Puppy In Hit-And-Run Case

Roshan Pathak, animal rights advisor at PAL Foundation, said, “Government regulations state that animal hit-and-run cases are covered under BNS. Despite the law and CCTV footage, the police are yet to file an FIR. As I've remarked numerous times, all police officers should be familiar with the penalising section for animal cruelty and its regulations to ensure that animal lovers don't encounter any issues. We will take them to court if the ignorance continues.”