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2021 Supreme(HP) 231

CHANDER BHUSAN BAROWALIA
Sukh Ram, S/o. Late Sh. Sadhu Ram – Appellant
Versus
State of H. P. Through Secretary (Home), to the Govt. of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Sh. Imran Khan, Advocate.
For the Respondents: Sh. Arvind Sharma, Addl. AG with Sh. Amit Dhumal, Dy. AG.

JUDGMENT :

The instant petition, under Section 482 of the Code of Criminal Procedure has been maintained by the petitioner for quashing of F.I.R. No. 47, dated 02.04.2009, under Section 51 of Wild Life Protection Act and Sections 27, 29, 54 and 59 of the Arms Act, registered at Police Station Baijnath, District Kangra, H.P.

2. Briefly stated the facts, giving rise to the present petition are that on 02.04.2009, a complaint was received in the Police Station Baijnath, wherein, it has been alleged that accused Pappi Ram and co-accused, have killed a wild Sambhar with the gun of Sukh Ram (petitioner herein). On this information, team of officials of Forest Department comprising Range Officer, Deputy Range Block Officer and Forest Guard of the beat reached the spot, where meat of the killed Sambhar was being distributed. On seeing the forest team, 10-15 persons, who were present on the spot, fled the spot and out of them, only two persons were caught by the team and 10 Kg meat of Sambhar was seized. During the course of investigation, it has come on record that the gun, which was involved in the incident, is owned by the petitioner. Consequently, FIR No.47, dated 02.04.2009 came to be re

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