The Bombay High Court has refused to quash FIR registered against a man in 2014 for cutting down a tree without permission and causing harm to birds and their nests in Khar area of Mumbai
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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.
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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.
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.
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