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2015 Supreme(Bom) 1061

S.S.SHINDE, A.I.S.CHEEMA
Mannu Kaduba Gavane – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. V.D. Salunke, Advocate h/f. Mr. G.R. Syed, Advocate for the Petitioners
Mr. S.B. Pulkundwar, APP for the Respondent – State

Judgment

S.S. Shinde, J.

1] Rule. Rule made returnable forthwith and heard finally with the consent of the learned counsel appearing for the respective parties.

2] This Criminal Writ Petition is filed, under Article 226 of the Constitution of India, for quashing and setting aside the First Information Report bearing Crime No. 58/2014 registered with Paithan Police Station, Taluka Paithan, District Aurangabad, and consequential criminal proceeding bearing Regular Criminal Case No. 100/2015, pending on the file of Judicial Magistrate First Class, Paithan, under Sections 9, 39, 50 and 51 of the Wild Life [Protection] Act, 1972 [for the sake of brevity, hereinafter referred to as ‘said Act’].

3] It appears that, on 1st December, 2014, Nandu Sakharam Sonowane, Police Constable, Paithan Police Station, Taluka Paithan, District Aurangabad, lodged a complaint with the Paithan Police Station, stating that, on receipt of secrete information that a meat of Rabbit [hare] was being cooked with an intention to sell and on conducting raid, the cooked meat etc. is found, and therefore, an offence, as stated above, came to be registered.

4] It is the contention of the petitioners that, the law does not

























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