IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.23/2011 in Criminal Appeal No. /2011. ( State of Maharashtra, through Game Warden, Tadoba, Distt. Chandrapur ..Vs.. Ghanshyamn Domji Magre & others ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.R. Deshpande & Mr. S.S. Deshpande, Advs. for applicant/appellant. Mr. E.W. Nawab, Adv. for respondent nos.1 to 9. CORAM : M.N. GILANI, J. DATED : 21.6.2011. Heard both sides. The applicant/appellant has filed a compliant case against the respondents alleging the commission of offences punishable under sections 26(1)(d)(i) of the Indian Forest Act and under sections 9, 39(1)(a), 39(3) (a)(b)(c), 44(1)(a) sub-section 5 and 57 of the Wild Life Protection Act, which is registered as a Regular Criminal Complaint Case No.30/1999. The matter was fixed for recording the evidence before charge. Learned Judicial Magistrate, First Class, Chimur observed that despite number of opportunities, given to the complainant, no evidence was adduced. Therefore, learned Magistrate discharged the respondents under section 245(1) of the Criminal Procedure Code. The order impugned is not appellable. Therefore, this appeal is misconceived. It is, therefore, disposed of as not maintainable. Liberty to file proceedings before the appropriate forum as permissible under law. JUDGE Tambaskar.