551 553 of 1988 From the Judgment and Order dated 18.2.1987/13.2.1987 of the Patna High Court in Crl.
BRX 9588 at about 8 or 9 A.M. He companyld indentify only Sri Prabhu Sahay Bhengra in the jeep, was is driver of Block Development Officer, Bandgoan.
We have heard Shri M.P. Jha, learned companynsel for the State of Bihar and Dr. Chitaley and Shri Nariman for the respondents.
258/ 1987 R and 259/ 1987 R of the High Court quashing the same companymon order of the said Magistrate dated 1.7.1986 against two other accused, namely, Murad Ali Khan and faruq Salauddin who are respondents in these two Special Leave petitions.
It would appear that at the Police Station.
Special leave was granted and the three appeals were taken up for final hearing, heard and disposed of by this companymon judgment.
On the spot two empty cartridges tusk with him and other tusk was taken away by Murad Ali Khan and his associates.
The High Court was persuaded to the view that this was a case to which section 210 1 of Code of Criminal Procedure, 1973 was attracted and that as an investigation by the Police was in progress in relation to the same offence the learned Magistrate would be required to stay the proceedings on the companyplaint and call for a report in the matter from the police and that the learned Magistrate acted without jurisdiction in taking companynizance of the offence and ordering issue of process against the accused.
Souna, a case had been registered under sections 447, 429 and 379 IPC read with sec 54 and 39 of the Wild Life Protection Act, 1972 and that the matter was under investigation by the police.
The companyplaint was filed after long delay .
The Second ground was on the merits of the companyplaint.
258, 259 and 2231 of 1987 R .
482 Cr.
On 25.6.1986 the Range Officer of Forest of that Range lodged a written companyplaint with the Judicial Magistrate, Ist Class Chaibasa, in this behalf alleging offences against respondents under Section 51 of the Wild Life Protection Act, 1972.
The respondents, WhO Were amongst the accused, moved the High Court under Sec.
The accusation against the three respondents is that on 8.6.1986 at 2.0 P.M. they along with two others named in the companyplaint, shot and killed an elephant in companypartment No.
The Judgment of the Court was delivered by VENKATACHALIAH, J. SLP 1879 of 1987 is by the State of Bihar for special leave under Art.
Later one of the tusks w as produced by Sri Prabhu Sahay Bhengra to the officer in charge, Sonua Police Station in my presence.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
136 of the Constitution to appeal from the order dated 13.2.1987 of the High Court of Patna in Crl.
On the basis of the information resolved from Bhengra I immediately proceeded to Jamshedpur with D.S.P., Chakardharpur and the D.F.O. Pornahat Division, Sri Murad Ali Khan and his associates.
13 of Kundurugutu Range Forest and removed the ivory tusks of the elephant.
During my enquiry I visited the spot and dug out the body of the elephant and found that both of the tusk had PG NO 465 been extracted out, from the mouth of the elephant.
The learned Magistrate took companynisance of this offence and ordered issue of process to the accused.
Procedure 1973, the order dated 1.7.1986 of the Judicial Magistrate Chaibasa, ,taking companynizance of an offence under Section 9 1 read with sec.
Dr. Y.S. Chitale, Kapil Sibal.
P.C. or quashing of the order of the Magistrate taking companynizance he alleged offence and issuing summons.
It was also learnt from the admission of the accused Prabhu Sahay Bhengra, who was interrogated by me during the companyrse of enquiry, that the elephant was killed in the early morning of 1.6.86 before dawn i.e. on 1.6.86 by him and 1 Sri Abranham Bhengra 2 Sri Murad ali Khan 3 Sri Vikram Sing, Sri Farukh Salauddin 5 Sri Babu Khan name above by two Riffles and had used 6 rounds of bullet.
1972 against respondent Vikram Singh.
K.M. Lahari, R.F. Nariman K. Lahiri, Raian Karanjawala Mrs. Manik Karanjawala and Miss Meenakshi for the Respondents.
51 of the Wild Life Protection Act.
PG NO 459 Special Leave Petition Nos.
1877 of 1987 and 1878 of 1987 arise out of the subsequent two similar orders both dated 18.2.1987 in Criminal Misc .
P.Jha for the Appellant.
Sri Baby Khan was interogated who admitted that they, brought one of the.
