P. ANBALAGAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocates for the respective parties at length. The matter is taken up for final hearing at the stage of admission by consent of the parties.

(2.) A petition is by the then Chief Executive Officer, Zilla Parishad, Nandurbar challenging an order of issuance of process dtd. 23/12/2021 passed by the learned Judicial Magistrate First Class, Navapur for the offences punishable under Ss. 120-B, 406, 420, 427, 429, 467, 468, 471, 166 read with Sec. 34 of the Indian Penal Code.

(3.) Respondent no.2 lodged a complaint in the Court of learned JMFC, Navapur against five accused persons i.e. (i) The Commissioner, Animal Husbandry, Pune (ii) Then Livestock Development Officer, Taluka Dhadgaon (iii) Then Deputy Commissioner, Nandurbar (iv) Then Animal Husbandry Officer, Panchayat Samiti, Navapur (v) Head Officer, Zilla Parishad. It is alleged that the complainant is having a business of Poultry Farm at Village Chinchpada in land gut no. 85 to the extent of 1H 67R. In the year 2006, there was a epidemic disease developed in the birds namely 'Bird Flue'. The State of Maharashtra, in view of epidemic had issued notification directing to eradicate the Bird Flue and for that it was directed to destroy the poultry farms. Various other majors also were taken by the State including vaccination of the birds etc. Certain guidelines were issued in the Gazette dtd. 18/1/2006 that the poultries run within the radius of 3 Kms. to 10 Kms. from the Municipal area were to be culled.