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2021 Supreme(UK) 668

RAVINDRA MAITHANI
Babu – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
D.N. Sharma, Advocate, Lalit Miglani, Advocate

JUDGMENT

Ravindra Maithani, J. - The instant revision is directed against the followings:-

    (i) Judgment and order dated 04.10.2013 passed in Criminal Case No. 42 of 2013, State v. Babu passed by the Court of Civil Judge (Sr. Division)/Judicial Magistrate, Rudrapur, District Udham Singh Nagar (for short, the case ), by which the revisionist has been convicted under Section 51 of the Wild Life (Protection) Act, 1972 (for short, the Act ) and sentenced thereunder; and

      (ii) Judgment and order dated 09.05.2019 passed in Criminal Appeal No. 234 of 2013, Babu v. State of Uttarakhand, passed by the First Additional Sessions Judge, Udham Singh Nagar (for short, the appeal), by which the judgment and order dated 04.10.2013 passed in the case has been confirmed.

      2. Facts necessary for disposal of the instant revision, briefly stated, are that on 23.06.2006, a police party was on the patrolling duty, when they suspected the revisionist and apprehended him. 15 tortoises were recovered from his possession, which he had kept in a bag. Based on it, an FIR was lodged and investigation carried out and a challani report was submitted before the Court. Based on the challani report, the cognizance was tak

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