ASHWINI KUMAR BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner against the order dated 25-10-2000 passed by the learned Additional Chief Judicial Magistrate No. 1, Chittorgarh in criminal case No. 110/99 by which he framed charges against the petitioner for offence under Sections 40, 49 read with Section 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the Act of 1972).

(2.) It arises in the following circumstances: (i) On 7-6-1996 Shri Bhanwar Singh, SHO, Police Station Chanderiya Dist. Chittorgarh lodged a first information report against the accused petitioner alleging to the effect that at the house of accused petitioner situated at C-82, Kumbha Nagar, Chittorgarh, a search was conducted and during search two skins of Panthor were recovered in one white bag and they were seized and the servants who were present at the time of search showed their unawareness and at the time of search, the accused petitioner was not in his house and he was in police custody in another case. (ii) On this report, police registered a case under Section 9/51 of the Act of 1972 and after investigation, police filed challen against the petitioner under Section 411, I.P.C. and under Sections 40, 49 read with Section 51 of the Act of 1972 against the accused petitoner in the Court of Chief Judicial Magistate, Chittorgarh, where a case was registered bearing Criminal Case No. 367/97. The learned Chief Judicial Magistrate, Chittorgarh after considering the entire material available on record vide his order dated 22-2-1999 discharged the petitioner from the aforesaid offences. After discharge of accused petitioner from the said offences, the SHO filed a regular complaint, in the Court of Additional Chief Judicial Magistrate No. 1, Chittorgarh in respect of same offences for which he was earlier discharged by the Chief Judicial Magistrate vide order dated 22-2-1999. (iii) On the said complaint, the learned ACJM No. 1 first took cognizance against the accused petitioner on 2-6-1999 for offence under Sections 40, 49 read with Section 51 of the Act of 1972 and framed charges against the accused petitioner vide order dated 25-10-2000.

(3.) Aggrieved from the order dated 25-10-2000, this revision petition has been filed by the accused petitioner.