DEVARAJ R HEGADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question the proceedings in C.C. No.799/2012, pending on the file of the Civil Judge & JMFC, Dandeli registered for the offences punishable under Ss. 9, 39, 51, 55, 56, 57 and 58 of the Wildlife Protection Act and Sec. 429 of IPC.

(2.) Heard the learned counsel appearing for the parties.

(3.) The Facts in brief, germane are as follows: The petitioners are arrayed as accused Nos.2 to 4. On 3/12/2011, it is the case of the prosecution that in the agricultural land bearing Sy.No.89, which belonged to accused No.1, a male elephant aged about 35 years comes in contact and dies due to electrocution, based upon the said incident, a crime comes to be registered against several accused, including these petitioners on 12/10/2012, alleging the offences punishable as afore quoted. The Police after investigation file a charge sheet as well. The concerned Court takes cognizance of the offence and issue summons to the accused including the petitioners and registers C.C. No.799/2012. Registration of the criminal case against the petitioners lead these petitioners before the concerned Court, by filing an application under Sec. 239 of the Cr.P.C. seeking their discharge from the array of accused. This comes to be allowed by the concerned Court in terms of its order dtd. 5/3/2015. Therefore, the petitioners were discharged.