JUDGEMENT
Rongon Mukhopadhyay, J. -
(1.) HEARD the parties. In this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Crime Report No. 1 (P) dated 20.3.2001, corresponding to C -II 5/2000 including the order dated 29.6.2001, passed by Shri J.K. Dubey, learned Judicial Magistrate at Simdega, whereby and whereunder cognizance has been taken for the offence punishable under sections 9/44/49(A)/49(B) of the Wild Life (Protection) Act, 1972.
(2.) A written report was given to the Divisional Forest Officer, Gumla Forest Division by the Forest Officer, Bano, in which it was alleged that he had come to know from one forest guard namely Mahadeo Nayak, Bano that on 1.5.2000 a Leopard had killed a bull of petitioner No. 1 and as a retaliatory measure, the villagers had killed the Leopard and had kept the skin of Leopard with them. On such information, a task force was constituted, which proceeded to the place of occurrence and the statement of petitioner No. 1 was recorded and on the basis of the said statement, the house of one Vijay Surin (petitioner No. 5) was raided, from where, skin of two Leopards were found on a rock nearby the house of petitioner No. 5. The statements of some witnesses were recorded, in which it was alleged that the villagers had closed the entrance of a cave with woods and leaves and set fire to them, which resulted into the Leopards being suffocated to death. Subsequently, the dead bodies of Leopards were recovered and after removal of their skin, their meats were distributed.
(3.) BASED on the aforesaid allegations, Crime Report No. 1 (P) dated 20.3.2001, corresponding to C -II5/2000 was instituted.;
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