Date : 13/02/2012 1. Present petition under section 482 of the Code of Criminal Procedure has been preferred by the petitioners - original accused to quash and set aside the impugned First Information Report being CR No.II -175 of 2007 registered with Panigate Police Station for the offences punishable under section 11(1) of the Prevention of Cruelty to Animal Act, 1960, section 5, 8, 9 and 10 of Bombay Animal Preservation Act, 1954 and sections 467 and 468 of the Indian Penal Code.
2. Mr.Kharadi, learned advocate appearing on behalf of the petitioners has heavily relied upon the report of the Scientific Officer of Directorate of Forensic Science, Unit Gandhinagar in support of his prayer to quash and set aside the impugned First Information Report by submitting that whatever has been found was not cow mutton but it the same was bones and therefore, no offence has been committed by the petitioners.
3. It is required to be noted that the aforesaid report is a part of investigation which is required to be considered by the concerned investigating officer and considering the aforesaid report and other material, if the investigating officer is of the opinion that the petitioners have not committed the offences as alleged, appropriate report can be submitted by the concerned investigating officer and if the investigating officer, considering the material collected during the course of the investigation, if of the opinion that the petitioners have committed the offences as alleged, chargesheet can be filed. However, solely on the basis of the aforesaid report, which is required to be considered by the concerned investigating officer, impugned First Information Report is not required to be quashed and set aside in exercise of the powers under section 482 of the Code of Criminal Procedure. The averments and allegations in the impugned First Information Report discloses cognizable offences which are required to be considered by the concerned investigating officer during the course of investigation. Under the circumstances, without expressing any opinion on merits in favour of either of the parties, present petition is dismissed. Rule is discharged. Interim relief granted earlier, if any, stands vacated forthwith.
[M.R. SHAH, J.] rafik