Our President Salim Charania received a complaint from a lady named Ms.Tejal Sutar who resides in Space Residency Complex in Mira Road that a dog has been run over at 1.30 am on 13th August 2014 by a resident of their building named Anil Sapariya. Not only did Mr.Sapariya run over the dog because he was driving rashly but the culprit did not even have the compassion to stop and check the dog who was howling in pain. He parked his vehicle and went to his flat without even a backward glance. Later he said to the other members of the society that the dog should not be fed in the society and should be removed from the society. Ms.Tejaswani and other animal lovers administered first aid to the dog and informed the Thane SPCA. The TSPCA sent their ambulance the next day and the dog was treated on the spot by them.
In view of the cruelty towards the dog, an FIR had to be lodged against the culprit. However when contacted, Ms.Shakuntala Mazumdar, President of TSPCA refused to provide a certificate that the dog was injured on the plea that certificate could not be issued unless the dog was examined by a senior surgeon. When she was requested to get the dog examined by a senior surgeon and provide a medical certificate, she refused to do so and asked Salim to get the dog examined by some other veterinary doctor and obtain the required medical certificate. This despite the fact that the dog was attended to by the TSPCA ambulance and they were aware of the extent of injuries suffered by the dog. Ms.Mazumdar also informed Salim that a FIR can be filed even in the absence of a medical certificate.
However when the KashiMira Police Station was approached by Ms.Tejaswani and Salim for filing an FIR, they informed that medical certificate is MANDATORY for filing an FIR. We then approached a private veterinary doctor who very kindly obliged and visited the society, examined the dog and issued the required medical certificate based on his observations. A FIR was filed on 15th August against Anil Sapariya u/s. 428, 279 of the Indian Penal Code, u/s. 184 of Motor Vehicles Act 1988 and u/s.11(1)(a) of the Prevention of Cruelty 1960 to Animals Act.
The culprit had gone out of Mumbai with his car for few days hence he could not be arrested immediately. However on 18th August 2014, Salim received information that the culprit was back in the society alongwith his car. Salim reached the Society alongwith police personnel and the culprit was arrested late night. He will be presented in Court where he may be released on grant of bail. However, his car is in the custody of the police station for further investigation.
We are thankful to TSPCA for treating injured dog but at the same time we also regret the non co-operation exhibited by the TSPCA which is looked up to by all animal lovers as an organisation which has been constituted to provide relief to injured animals and take action against animal abusers.
Team : Ms.Tejal Sutar and Salim Charania
Sections : 428 of IPC - Mischief by killing or maiming animal
279 of IPC - Rash driving or riding on a public way
184 of MVA - Driving dangerously
11(1)(a) of PCA - Beating, kicking, over-riding, over-driving, over-loading, torturing, causing unnecessary pain or suffering
to any animal
FIR Copy :