AZIZ AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two writ petitions arise out of interesting facts. Dr. Aziz Ahmad has filed writ petition No. 23588 of 1992 saying that since the First Information Report dated 11.7.1992 filed by Devendra Prasad Nayak giving rise to Case Crime No. 885 of 1992 under sections 295,429 and 153A I.P.C., P.S. Cantt. Gorakhpur does not disclose any prima facie offence the said F.I.R. and the proceedings therein should be quashed.

(2.) Devendra Prasad Nayak, the informant, however, has filed Writ Petition No. 30706 of 1992 saying that the aforesaid case crime No. 885 of 1992 should be investigated by the C.B.C.I.D. and that the post mortem report of the animal in question (elephant) should be got done and that the order of the City Magistrate dated 14.8.1992 authorising the delivery of trunk of the said animal should be quashed and such other orders as are found necessary should be passed in favour of the informant-petitioner.

(3.) The short facts are that on 9.7.1992 in a particular locality, Moharram procession was proceeding. Several elephants were accompanying it. The last of the elephants lost balance and started damaging the properties belonging to various citizens. Consequently, the Police informed the Authorities as a result of which the Magistrate and the local Police reached the site and directed the Mahavat (Feel wan) to take the elephant somehow out of the procession towards a secluded place. The Mahavat somehow managed to do it, but the elephant in the process went on damaging the property including cars, scatters etc. It was with great difficulty that the children who rode the elephant could get down by jumping from over it.