The Karnataka High Court has quashed a criminal case against Taha Husain, who was accused of "kidnapping" his neighbor's cat, Daisy. Justice M Nagaprasanna, presiding over the case, expressed astonishment that such a matter was even registered by the police. The court criticized the police for misusing the legal process in what it termed a "whimsical pursuit of feline justice," emphasizing the absence of any real criminal offense.
The case originated in 2022 when Nikitha Anjana Iyer filed a complaint against her neighbor, Taha Husain, alleging that he had taken her cat, Daisy. Initially, Husain was booked under Sections 428 and 429 of the Indian Penal Code (IPC), which deal with killing or maiming animals. However, these charges were later dropped, and instead, the police applied Sections 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), and 509 (word, gesture, or act intended to insult the modesty of a woman).
In July 2024, the High Court had already stayed the proceedings after Taha Husain filed a petition to quash the case. In his plea, he argued that cats naturally come and go through windows and that continuing the case would be a waste of the justice system's time. He contended that permitting further proceedings on such a frivolous complaint would clog the criminal justice system. The counsel for the petitioner submitted that cats will get in and go out from the windows, and permitting further proceedings on such a frivolous complaint for the alleged offences would clog the criminal justice system.
The court noted that the police should never have registered the complaint, as it did not indicate any criminal offense. Justice Nagaprasanna remarked, "The cat named Daisy appears to have driven everyone crazy and even the criminal justice system." He further noted that the complaint itself did not show any real offense being committed, apart from a missing cat and an allegation that the cat was kept inside the house of the accused.
The High Court stated that if such frivolous grievances were allowed to blossom into a full-fledged criminal trial, it would waste precious judicial time and divert police resources from genuine grievances. The court underscored that if proceedings of this nature are permitted to continue, "it would be a travesty and putting a premium on the abuse of the legal process."
The court observed that the police machinery got involved in the case of a missing cat, recorded statements of neighbors, and reviewed CCTV footage, finding nothing incriminating, but still chose to file a charge sheet. The charge sheet included embellishments not even present in the original complaint, such as allegations of abuses and sexual gestures against the complainant. The Court found that there was "not even a titter of ingredient of offence" under Section 504 and 506 IPC in the allegations against Husain.
The High Court allowed Husain to take legal action for malicious prosecution since the complainant neither appeared in person nor through her lawyer. The court reiterated its observation in a witty yet serious tone, "The cat named Daisy appears to have driven everyone crazy and even the criminal justice system."
