DEEPAK BAJAJ & ORS. Vs. THE STATE OF MAHARASHTRA & ORS.
LAWS(BOM)-2017-10-66
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on October 04,2017

Deepak Bajaj And Ors. Appellant
VERSUS
THE STATE OF MAHARASHTRA AND ORS. Respondents

JUDGEMENT

A.S.CHANDURKAR,J. - (1.) This application has been filed under Section 482 of the Criminal Procedure Code, 1973 [for short, "the Code"], challenging the order dated 3rd June, 2011 by which the learned Judicial Magistrate First Class, Court No.7, has issued process against the applicants herein for the offences punishable under Sections 58 and 38-H of the Wildlife (Protection) Act, 1972 [for short, "the said Act"].
(2.) The Assistant Conservator of Forests [Wildlife] on 3rd June, 2011 filed a Complaint under provisions of Sections 39, 48-A, 58 and 38-H of the said Act read with Rule 3 of the Recognition of Zoo Rules, 1992. In this Complaint, it was stated that on 5th December 1985 permission was granted to the Secretary of Sindhu Education Society, Jaripatka, to keep specified animals in its premises. Pursuant to this permission, the Society procured those animals and informed the concerned Authorities on 16th March, 1985. In the complaint, it was stated that the said animals were transported from Mumbai to Nagpur without permission, resulting in breach of Section 48-A of the said Act. Similarly, though the number of monkeys had increased due to breeding, a declaration in that regard was not given, resulting in breach of Section 39 of the said Act. Further, by recovering fees from children, a zoo was being run without obtaining necessary permission. As the Society was running Mahatma Gandhi High School, the entire body of Executive Committee was responsible. Hence, according to the complaint, the applicants were liable for being punished under Section 51 of the said Act.
(3.) The learned Judicial Magistrate, First Class, issued process against the present applicants for the offences punishable under Sections 58 and 38-H of the said Act. Being aggrieved, the applicants have approached this Court challenging the said order and also for having the said complaint quashed.;


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