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2006 Supreme(Raj) 2211

R.S.CHAUHAN
Gyan Veer – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Dilip Sinsinwar, for the Petitioners.
Mr. Arun Sharma, Public Prosecutor, for the State.

Judgment

R.S. Chauhan, J.-The accused petitioners have challenged the orders dated 22.02.2005 and 07.06.2005 passed by the Additional Chief Judicial Magistrate, No. 4 Bharatpur and by the Additional Sessions Judge No. 2, Bharatpur respectively. By the former order, cognizance for offences under Section 3/8 of the Rajasthan Bowins Animal (Prohibition of Slaughter and Regulation of Temporary Migration of Export) Act, 1995 (henceforth to be referred to as ‘the Act of 1995’, for short) was taken by the learned Additional Chief Judicial Magistrate, No. 4, Bharatpur. By the latter order, the

former order dated 22.02.2005 was upheld by the Additional Sessions Judge, No. 2, Bharatpur.

2. The brief facts of the case are that on 20.05.2003, the complainant-respondent lodged a written report at Police Station Kumher, District Bharatpur alleging therein that his cow was grazing in the jungle. While grazing, the cow went into the field of Banay Singh. The accused petitioners, who were working in the field, hit the cow with lathis in order to chase it away. The cow died due to the beatings. On the aforesaid report, the police registered a former FIR, FIR No. 207/03 for offence under Section 429


























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