Date 22.02.2017

To,

The Officer-in

Shyampukur Police Station,

Kolkata Police,

47, Shyambazar, Kolkata,

West Bengal 700004

Phone: 033 2555 7585

Sub: Request for immediate FIR and Case about RTA ofrunning over and killing stray dog.

Dear Sir,

I RakhiMitra, D/O. Sh. ______& Honorary Animal Welfare Officer (Appointed by Animal Welfare Board of India) as well as President of Love N Care for Animals (AWBI recognized animal wrlfare NGO,), residing at ______[Address], wish to press charges against the offender, who is the driver of truck no. ______for deliberately and negligently running his truck over a stray dog being cared for by Sh. Pranab Mukherjee who is a senior citizen living at ______and also for other charges as detailed below and request the Police to take immediate action.

Accused: Unidentified driver of Truck no. ______

Witnesses:

  1. ______
  2. ______
  3. ______etc. Add more as required, along with contact numbers and addresses.

Description of Incident and circumstances:

•As per the duty cast upon every citizen of India vide Article 51A(g) of the Indian Constitution, Sh. Mukherjee has always been kind to animals and has been feeding the stray dogs of his local area since ______years.

•The accused, at around __am on 21.02.2017, haswilfully and most negligently run his truck over the Dog when the animal was ______, causing instant and horrific death.

•The matter was reported to you by Sh. Mukherjee at ___am on same date.

•Thereafter the matter was reported again by the undersigned to your Addl OC Mr. ____ at around ___ am and he was urged to file an FIR, investigate and order a post mortem.

•Mr. Prasenjit Dutta, Honorary Animal Welfare Officer appointed by AWBI also spoke to you over phone from his outstation location at around 12-30 pm on same day and you had assured taking the same steps as solicited.

•However FIR was not filed by Police for reasons not clear as per existing laws. Police enquiry on spot was done by SI Mr. ______, spot photographs, witness statements were taken, butsufficient delay that resulted in Conservancy Dept of Municipal Corporation disposing the body.

•Respected Councillor of Ward no. __ also had coordinated with the Police about whether the Police are about to order a PM or not as he was under pressure to dispose the body.

•We therefore maintain that regardless of actions required by the prime complainant Sh. Mukherjee, the Police may have taken immediate cognizance of the crime and may have initiated a suo moto action that could easily have resulted in prosecutable evidence. Such would have been the legally acceptable way of acting in case of the killing of a human.

•Your Addl. OC has admitted that the crime has been committed, but categorically maintained in verbal exchangesthat Police action inthe case of a human killed is not legally analogous to an animal being subjected to the same crime. We reserve our right to contest this stand at competent Court. Mrs. Susmita Roy of LoveNCare for Animals is also witness to these statements.

•The body having been lost, the opportunity of having a PM done being lost due to delay, it is now incumbent upon the Police to prove the crime.

•Other than the crime committed against an animal, the Police has failed to take cognizance of the following offenses committed against the prime complainant named above. The dog, in Hindu religion is treated as the Vahana of Kaal Bhairav (Another name for Lord Shiva) and to animal lovers like him, any attack on dogs is equal to violation of religious sentiments. Likewise, in any religion Islam, Christianity, Sikhism, Parsi and others, cruelty to animals is not supported by religion. This crime has therefore hurt his religious sentiments.

•Theaccused has caused maximumand grievous hurt to his sentiments and that of other people who feed the dogs by mercilessly killing a dog in full view of witnesses and despite warning cries being raised by them, thus displaying utter negligence towards animal life or their right to life.

Offenses/ Culpable Offenses Committed by the accused for which I wish to make a Case against him:

  1. IPC 323: For voluntarily causing hurt.
  2. IPC 295A:Deliberateandmaliciousacts,intendedtooutragemyreligiousfeelingsandbeliefsasananimallover.
  3. Violation of Article 51A(g) of the Indian Constitution that designates the duty upon each citizen of India to be compassionate to animals.
  4. Section 11(1)(l—the letter “L”), as amended by Act 26 of 1982--Treating animals cruelly:

If any person…mutilates any animal or kills any animal (including stray dogs) by using the method of strychnine injections, in the heart or in any other unnecessarily cruel manner. [‘or in any other unnecessarily cruel manner’ is the issue for road kill]

  1. IPC 428: For mischief by killing, poisoning, maiming or rendering useless any animal or animals of thevalue of ten rupees or upwards.
  2. IPC 429: For mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse,mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the valueof fifty rupees or upwards.
  3. Other than that, the killer driver can be booked for rash driving under Sec 184 of the Motor Vehicle Act.

These are serious charges and FIR may please be filed for starting a case immediately against the accusedagainst offenses that are wellset out here for strong action by Police. Hence this is to request your immediate action please.

(Rakhi Mitra) Mob. No. ______

D/O. Sh. ______

Address ______

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