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2023 Supreme(Ker) 934

A. BADHARUDEEN
Bency Shaji D/o. Prameela – Appellant
Versus
State Of Kerala Represented By Its Public Prosecutor, High Court Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.B.Pradeep, Harisankar R
For the Respondent: By Special Government Pleader (Forest) Nagaraj Narayan

ORDER :

Bency Shaji is the revision petitioner in both these revision petitions, where State of Kerala is the 1st respondent and the Range Forest Officer, Thiruvananthapuram is arrayed as the 2nd respondent. In Crl.R.P.No.555/2023, the revision petitioner assails order in CMP No.281/2021 in O.R.No.2/2020 and in Crl.R.P.No.556/2023, the same revision petitioner impugns order in CRMP No.282/2021 in O.R.No.4/2020, germane as per common order dated 02.06.2021.

2. Heard the learned counsel for the revision petitioner as well as the learned Special Government Pleader appearing for the Forest Department in detail. The precise allegation led to registration of O.R.No.2/2020 alleging commission of offences punishable under Sections 39(3)(b), 40(2), 42, 43(1), 43(2), 44, 49, 50 and 51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as `the Act’ for easy reference) is that A.V.Prasanth, Mangalassery, Oham Nagar, Manikanteshwaram, Perookada, kept an elephant by name `Balanarayanan (Ganesan)’ without any ownership and without the permission of the Chief Wild Life Warden. On inspection, the Chief Wild Life Warden found that possession of the elephant by A.V.Prasanth is illegal and

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