22 January,2024 04:04 PM IST | Mumbai | PTI
Representational Pic/File
The Bombay High Court has refused to quash a first information report (FIR) registered against a man in 2014 for cutting down a tree without permission from the civic authorities and causing harm to birds and their nests.
A division bench of Justices A S Gadkari and Shyam Chandak on January 15, while dismissing the petition filed by one Amit Dhutia, noted that there was a prima facie case made out against him.
The FIR was registered in May 2014 under relevant provisions of the Indian Penal Code, Wildlife Protection Act, and the Maharashtra (Urban Areas) Protection and Preservation of Trees Act with the suburban Khar police station.
As per case details, the petitioner had cut down a tamarind tree on the premises of his housing society at Khar without obtaining prior permission from the civic body.
ALSO READ
Advocate pursuing MPhil alleges MU's law dept tampered with his answer sheets
Bomaby HC upholds tender awarded to Adani Group for Dharavi slum project
Bombay HC dismisses plea against Sena leader Ravindra Waikar's win in LS polls
Mumbai: Hawkers ply wares right next to BMC van
Badlapur sexual assault case probe complete; cop suspended: SIT to HC
Dhutia's actions had caused injuries to as many as 40 birds and damaged their nests.
The petitioner claimed that he was only getting the tree trimmed and that the injured birds were subsequently released into a forest in suburban Airoli.
He claimed that no bird was killed, and he did not intend to cause harm to any bird.
In its order, the bench referred to statements of witnesses and spot panchnama, which indicated that all branches of the tree were cut, birds' eggs broken, fledglings trapped by nets, and some birds had died in the incident.
"In this backdrop, we are of the considered opinion that there is a prima facie case of the offence alleged in the FIR. Hence, the applicant cannot escape the prosecution from the said offence," the court said while dismissing the petition.
This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
