HYDERABAD : Justice B Vijaysen Reddy of the Telangana High Court issued an interim order on Monday, staying all proceedings in the case of Punjagutta sub-inspector requesting the deputy director of the veterinary wing, Khairatabad zone, Greater Hyderabad Municipal Corporation (GHMC), to take custody of a two-year-old dog, Zorro.
On June 19, the SI, who was investigating an FIR filed under Section 289 (negligent conduct with respect to animals) of the Indian Penal Code (IPC) against the petitioner wrote a letter to the veterinary wing of the GHMC requesting it to take custody of the dog alleging it was ferocious and causing public nuisance.
Subsequently, the petitioner filed a writ petition challenging the SI’s actions as illegal and a violation of natural justice and constitutional principles. Dr Sharma, who resides in an apartment complex, owns a two-year-old German shepherd named Zorro. According to the petitioner, Zorro is well-trained, friendly and vaccinated.
The issue arose on June 13 and 14, when Dr Sharma took Zorro for a walk. During the walk, the dog broke free from his leash and ran playfully towards another dog, resulting in the other dog’s owner sustaining injuries. Following this incident, a complaint was filed by the injured resident, leading to an FIR against Dr Sharma. Counsel for the petitioner argued that the police letter dated June 19, was untenable, as Section 289 IPC pertains to negligence with respect to animals and does not authorise the police to take custody of animal.