AAMIR KHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Criminal Application is directed against the bailable warrants dated 27.3.2008 issued by the Chief Judicial Magistrate, Bhuj in Criminal Case No.763 of 2008 as well as for quashing and setting aside the complaint filed by respondent No.2 bearing Criminal Case No.763 of 2008.

(2.) It is the case of the complainant Assistant Forest Conservator, Forest Protection, Kutch East Forest Department, Bhuj in the complaint that the petitioners have committed offences punishable under sections 2(16)(a)(b), 9, 27(4), 39, 48(a), 57 and 58 of the Wild Life (Protection) Act, 1972. It is alleged in the complaint that shooting of film "Lagaan" was done in the year 2000 at mouje Kunariya, Sumrasar, Bhuj by the petitioners and at that time, by letter dated 16.9.1999, petitioner No.2 demanded Chinkara from the Conservator of Forest, Kutch, Bhuj. Pursuant thereto, the Chief Conservator of Forest, Wild life, Gujarat State, Gandhinagar, by his letter dated 2.11.1999 refused to use Chinkara for filming. It is alleged that though the permission was refused for filming of Chinkara in film "Lagaan" to Aamir Khan Productions Private Ltd., the responsible officers, i.e petitioners herein have illegally caught Chinkara from forest and kept it in their possession and made it run so as to shoot the film and at the end of shooting killed Chinkara and thereby prima-facie committed the offences punishable under sections 2(16)(a)(b), 9, 27(4), 39 and 48(a) of the Wild Life (Protection) Act, 1972. Ultimately, the complaint at Annexure-"A" to the petition is registered against the petitioners herein.

(3.) On receipt of the complaint, the learned Chief Judicial Magistrate, Bhuj issued bailable warrants against the petitioners by order dated 27.3.2008, i.e. the day on which the complaint at Annexure-"A" to the petition is filed. The said complaint came to be registered as Criminal Case No.763 of 2008.