Court directs SHO Miran Sahib not to file Challan/Chargesheet against animal activists without permission of the High Court

J&K high Court

In a significant order, Justice Mohammad Yousuf Wani of High Court of J&K and Ladakh at Jammu has directed SHO Police Station Miran Sahib, Jammu not to present the final report/challan in case FIR No.0033/2025 under section 333, 115(2), 191(2) BNS, 2023 dated March 9th, 2025 registered at Police Station, Miran Sahib, Jammu against three Animal Activists namely Devinder Kour Madaan alias Rumpy Madaan (Chairperson SAVE-an NGO), Radhika Sharma (Empanelled Volunteer of JMC), Didar Singh (Animal Lover and Member, SAVE).

After hearing Advocate Sheikh Shakeel Ahmed appearing for the three Animal Activists (Petitioners), Justice Mohd. Yousuf Wani directed that till further orders SHO, Police Station, Miran Sahib will be at liberty to proceed with the investigation in the impugned FIR, however, shall not present the final report/challan in terms of Section 193 of BNSS before the competent Court of Law, without permission from the Court.

These directions were passed in a Criminal Miscellaneous Petition [CRM(M) No.358/2025] filed by three Animal Activists including a leading Animal Activist and Chairperson of an NGO- SAVE (Save Animals Value Environment) namely Devinder Kour Madaan alias Rumpy Madaan seeking quashment of FIR No. 0033/2025 dated 09-03-2025 lodged at the behest of S. Dara Singh Son of S. Gurbaksh Singh R/o Maralian, Miran Sahib, R.S. Pura, Jammu.

Advocate S S Ahmed vehemently argued that the impugned FIR is a counter blast to FIR No. 0031/2025 dated 08-03-2025 under section 325 BNS, 2023 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 registered at the behest of Chairperson SAVE against S. Dara Singh and S. Manga Singh who were instrumental in allegedly causing cruelty to two puppies in a street at Miran Sahib.

Advocate S S Ahmed further submitted that when the accused S. Dara Singh and S. Manga Singh in FIR No.0031/2025 dated 08-03-2025 came to know about the lodging of the FIR against them, the said persons with a view to allegedly harass/victimize the Animal Activists lodged a counter blast FIR against them bearing FIR No.0033/2025 dated 09-03-2025 and this FIR was lodged in order to wreck vengeance so that petitioners may scum to the pressure of accused S. Dara Singh and S. Manga Singh who allegedly caused cruelty to two puppies which was duly videographed by the Animal Activists. Advocate S S Ahmed further submitted that SAVE is credible NGO which is working for the welfare of the voiceless animals and has filed several PILs in the High Court of J&K and Ladakh for espousing the cause of animals.

Advocate Ahmed also submitted that a false and frivolous counter FIR was registered against the prominent Animal Activist and the said FIR is an abuse of the process of law.

After hearing Advocate S S Ahmed at length, Justice Mohd. Yousuf Wani directed the SHO Police Station, Miran Sahib, Jammu not to present the final report/challan against the three Animal Activists without permission of this Court. The Court further directed the Registry to list the instant petition on 02-06-2025.