R. HARESH BABU Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the Charge Sheet in C.C.No.224 of 2022 on the file of the learned Judicial Magistrate, Thirumangalam, Madurai District.

(2.) The Petitioner is arrayed as accused in the case filed by the Forest Department. The charge, as per the Respondent, is that the Petitioner, who is the first accused in the case, was found within the jurisdiction of Usilampatti Forest Division within Thirumangalam Municipality Limit on Kamaraj Street in the compound of Arulmighu Patrakali Mariamman Thirukovil temple festival. The first accused, who is the owner of the domesticated female Elephant by name, Lakshmi, aged about 46, along with the accused 2 and 3 brought the Elephant for temple festival without obtaining prior permission of the Forest Officials under Sec. 48-A of the Wildlife (Protection) Act, 1972, thereby the accused 1 to 3 have committed the offence under Sec. 48-A of the Wildlife (Protection) Act, 1972 r/w Rule 2-4(5) and 9(1) of Tamil Nadu Captive Elephants (Management and Maintenance) Rules, 2011 and the Annexure-1 don/s S.No.2, 4, 7 and 30.

(3.) The learned Judicial Magistrate, Thirumangalam, Madurai District had taken the case on file in C.C.No.224 of 2022. The Petitioner had been granted certificate of ownership by the Principal Chief Conservator of Forests and Chief Wildlife Warden, Tamil Nadu. The Petitioner is owning the Elephant for the past 20 years. In 2013, there was a ban by the Central Government not to take the captive Elephants to festivals, film shooting and commercial purposes. Against this ban, a batch of Writ Petitions were filed before the Madurai Bench of Madras High Court. All the cases were transferred to the Principal Seat at Madras. The Principal Bench of Madras High Court had disposed of all the Writ Petitions by a common order dtd. 19/1/2022. In that order, it had been stated as follows:-