SHAUKAT ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) HEARD learned counsel for the parties at length and perused the material on record.

(2.) IN this Writ u/s 226 of the Constitution, the petitioner has prayed for issue of writ, order or direction in the nature of Certiorari quashing the order dated 3.5.2013 passed by Addl. District Judge/Special Judge, (S.C. & S.T. Act), Gautam Budh Nagar in Criminal Revision no. 145 of 2013 and order dated 11.9.2012 passed by Chief Judicial Magistrate in Misc. Application no. 949 of 2013 State Vs. Iqbal and orders. It has been further prayed that the FIR dated 29.6.2012 being case crime no. 422 of 2012 u/s 279, 429, 289, 290 IPC read with Section 7 Criminal Law Amendment Act and Section 16C, 43(2), 48-A and 51 of Wild Life Protection Act, 1972, P.S. Sector-39 Noida District Gautam Budh Nagar be quashed and a writ, order or direction in the nature of Mandamus commanding the respondents to release the elephant with chip no. 958000000/522960 taken in possession by respondent no. 4 on 29.6.2012 from Mahawat Mukut Singh on behalf of the petitioner be issued.

(3.) AFFIDAVITS between the parties have been exchanged.