HANMANT GOVINDRAO DHUMAL Vs. DHARMARAO BABA ATTRAM

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973 is filed for quashing of FIR registered as C.R.No.19 of 2008 at the Azad Maidan Police station, Mumbai.

(2.) BRIEFLY stated, the petitioner was the Sub-Divisional Forest Officer, Bhor, District Pune at the relevant time. The forest offence was registered within the area of his jurisdiction bearing no.3/2008-09 and Round offence No.1/2008-09 dated 20.6.2008 for offences under Section 26(i) of the Indian Forest Act and under Sections 9, 18, 39, 50 and 51 of the Wild Life Protection Act 1972. The said offence was in connection with the illegal hunting of protected species of Wild Life namely Chinkara, Barking Deer and Indian Hare in violation of the provisions of the Indian Forest Act 1927 and Wild Life Protection Act 1972.

(3.) THE petitioner has approached this court for quashing of the said FIR on two fold grounds. The first ground is that even if the allegations made in the statement of the respondent no.1 dated 23.8.2008 are to be taken as it is, no offence is disclosed as against the petitioner herein. Secondly, the petitioner has been named by the respondent no.1 only out of vengeance and as a counter blast and retaliatory measure as the petitioner was the Investigating officer in the case registered against the respondent no.1 for offences under Indian Forest Act and Wild Life Act.