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2020 Supreme(Bom) 1066

V.M.DESHPANDE, ANIL S.KILOR
Shafiqullaha Kha Ashfaqullha Kha – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.V. Bhide.
For the Respondent: N.S. Rao.

JUDGMENT :

ANIL S. KILOR, J.

1. Rule. Rule made returnable forthwith. The matter is heard finally with the consent of the learned counsel for the parties.

2. The applicant, who is the accused in Crime No. 265 of 2018, dated 15.07.2018, registered with Police Station, Shivaji Nagar, Khamgaon, District Buldhana, on a complaint of non-applicant No. 2 for the offences punishable under Section 5-(A), 5-(B), 5-(C), 9, 9-(A) of the Maharashtra Animal Preservation Act, 1976 (for short “the Act of 1976”) read with Section 188 of the Indian Penal Code and Section 105, 117 of the Bombay Police Act, is praying for quashing the aforesaid first Information Report by the present application filed under Section 482 of the Code of Criminal Procedure.

3. It is the case of the prosecution that the Pick Up Bolero van, bearing No. MH-37/J-1153, was found carrying animal’s skin and therefore, on a complaint lodged by non-applicant No. 2, who claims to be a President of Bajrang Dal, Khamgaon, the first Information Report in question was registered.

4. It is the further case of the prosecution that on verification, it was found that the vehicle was carrying 187 skins of cow species, which was verified by the A

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