NARESH KADYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Ashutosh Dave on behalf of the petitioner, learned Additional Public Prosecutor Ms. Maithili D. Mehta on behalf of respondent no.1- State and learned Advocate Mr. Vijay H Patel on behalf of respondent no.2- original complainant.

(2.) By way of this petition the petitioner prays for quashing of FIR bearing C.R. No. - 11208051201148 of 2020 registered with B Division Police Station, Rajkot City on 15/6/2020 for offences punishable under Ss. 342 , 384 , 506(2) , 170 and 114 of the Indian Penal Code and all consequential proceedings arising therefrom.

(3.) The FIR inter alia alleges that the complainant was owner of a Circus named Great Golden Circus and whereas he was owning elephants, using them in the circus and whereas the complainant, on 12/6/2020, was transporting the elephants in Truck No. GJ-37- T -9758, from Ahmedabad and whereas according to the complainant, the documentation for transporting the said animals were available with him. It is alleged that on 13/6/2020 at around 4.00 A.M. he had received a phone call from his son Joheb Khan, who had informed the complainant that the son had received a phone call at around 12.00 P.M. by one Ataullakhan, who had informed him that the truck concerned had been stopped near Bedi Chokdi, Rajkot and some person named Bhavin Patel who was identified himself as a Forest Officer had sought for the transit pass etc. with regard to the elephants in question and whereas it is alleged that the said person had demanded Rs.2.00lacs, and whereas failing payment of the amount, he had threatened that the elephants shall be deposited with the Forest Department. Further allegations of having given threats etc. is also mentioned. It appears that the persons who were travelling with the elephants had refused to give any money whereupon the said Bhavin had contacted his higher officer i.e. the present petitioner and had informed the said Ataullakhan that the present petitioner who is a superior officer and master trainer and had further pressurized the persons travelling with the elephants by saying that now instead of Rs.2.00 lacs, Rs.5.00 lacs will have to be given by the said persons. The son of the complainant had informed the complainant that he had instructed the said Ataullakhan not to give any money since they had all the valid permits and it appears according to the complaint that after some time the police and other persons from Animals Right Organization have reached there and had taken a truck with the elephants to the Forest Office and whereas it is alleged in the FIR that upon the complainant talking to the Forest Officer and showing the existence of regular permits, the truck was permitted to go to Jamnagar. Thus alleging allegation of extortion etc., the impugned FIR had been registered.