[Cites 1, Cited by 0]
Delhi High Court
Mr. Sunil Malhotra & Ors vs State, Nct Of Delhi & Ors on 16 April, 2026
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 16.04.2026
+ W.P.(CRL) 581/2026
MR. SUNIL MALHOTRA & ORS. .....Petitioners
Through: Ms. Puja Anand and Ms. Manisha
Parmar, Advocates with petitioners in
person.
versus
STATE, NCT OF DELHI & ORS. .....Respondents
Through: Mr. Anand V. Khatri, ASC for State
with SI Sumit and HC Ravi Bansal,
PS Jagatpuri.
Mr. Siddharth Chaturvedi and Mr.
Mayank Sharma, Advocates for R-3
with R-3 in person.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. Petitioners have assailed orders dated 11.08.2025 and 30.01.2026 of
the learned trial court pertaining to release of three pet dogs on superdari in
the trial pertaining to offence under Section 11 of the Prevention of Cruelty
to Animals Act.
2. Broadly speaking, according to prosecution case a raid was conducted
at the premises of the present respondent no.3 in which few dogs were found
kept in deplorable conditions and were rescued. The rescued dogs were
W.P.(CRL) 581/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.16 06:14:13 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:16.04.2026
18:18:17
handed over by the police to the present respondent no.2/NGO. Thereafter,
the respondent no.2/NGO gave three of those dogs in adoption to the present
petitioners. Subsequently, the present respondent no.3 claiming himself to
be the rightful owner filed an application for superdari, which was allowed
by the learned trial court, thereby directing release of all rescued dogs to the
present respondent no.3 on superdari. Hence the present petition by the
petitioners.
3. I have heard all present at length.
4. The issue of custody of the rescued dogs, or for that matter any
animal, cannot be treated at par with the issue of custody of an inanimate
object. One cannot ignore the emotional bond that gets created between the
person adopting the pet and the pet itself. Presently before this Court, the
issue is not as to whether the present respondent no.3 was or is treating the
dogs with cruelty; that would be in the domain of the trial court. Presently,
the issue before this Court is the emotional trauma which those voiceless
animals would be undergoing after being separated from their adoptive
parents (the present petitioners). It is explained by learned counsel for
petitioners that the three pet dogs, who are subject matter of this petition are
female toy pomeranian, named Mishti, Coco and Cotton, all of whom are
identifiable, as they respond to the call by their respective name.
5. On the above aspect, after detailed discussion, keeping in mind
W.P.(CRL) 581/2026 Page 2 of 3 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa
, cn=GIRISH KATHPALIA
Digitally Signed Date: 2026.04.16 06:14:03 -07'00'
By:RAHUL YADAV
Signing Date:16.04.2026
18:18:17
welfare of those three pet dogs, both sides have arrived at an agreement that
the said three dogs be released to the present petitioners on superdari. To be
specific, respondent no.3 present in courtroom has been explained the entire
discussion in Hindi and he, in the interest of those three dogs, is willing to
return those dogs to the petitioners with the condition that in case ultimately
he gets acquitted, custody of those three dogs would be returned to him,
subject to their welfare.
6. Accordingly, with consent of both sides, the impugned orders are
modified, thereby directing that the present respondent no.3 shall release
those three female pomeranian dogs namely Mishti, Coco and Cotton to the
present petitioners through the IO by tomorrow; and the superdarinamas in
the sum of Rs. 50,000/- each shall be submitted by the present petitioners
before the learned trial court tomorrow itself, assuring that the petitioners
would produce those three dogs before the trial court at the stage of
evidence, if so directed.
7. A copy of this order be given dasti to IO for being produced before
the learned trial court tomorrow.
8. The petition stands disposed of. Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.16 06:13:52 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 16, 2026/dr
W.P.(CRL) 581/2026 Page 3 of 3 pages
