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Bombay High Court Quashes FIR, Rules Halting Stray-Dog Feeding at Society Gates Is Not ‘Wrongful Restraint’

The bench said Section 126 requires actual immobilisation, citing rules that confine feeding to designated spots.

Overview

  • Justices Revati Mohite-Dere and Sandesh Patil delivered the December 18 ruling, with the judgment made available on Tuesday.
  • The court held that stopping feeding on footpaths, at entry and exit points, and near school bus stops—areas used by children—does not amount to voluntary obstruction under the BNS.
  • Relying on the Animal Birth Control Rules, 2023 and Supreme Court precedent, the bench underscored that societies can require feeding only at designated areas.
  • The FIR alleged a September 12, 2024 confrontation and was registered on January 24, 2025 in Hinjewadi; the court noted the nearly four-month delay in quashing the case.
  • The accused cited multiple dog-bite incidents and safety concerns, while the complainant alleged phone-snatching and being blocked by car, but the court found no criminal intent in preventing feeding at those locations.