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[Ivory tusks matter] No locus standi for Mohanlal to challenge Magistrate order dismissing State’s plea to withdraw case: Kerala High Court

The case against Mohanlal relates to the alleged illegal possession of two pairs of ivory tusks which resulted in the registration of a first information report (FIR) alleging commission of offences under the provisions of the Wildlife (Protection) Act, 1972.

Mohanlal has maintained that the ivory tusks were obtained legally and in 2015, at the direction of the Central government, the Kerala government issued a certificate of ownership to him.

Subsequently, the State government had issued a no objection certificate for withdrawing the case against him.

However, in June 2022, the Magistrate court dismissed the State’s application to withdraw the case, stating,

At this stage of the proceedings, I am of the view that rather than presuming the validity of the ownership certificate issued to the accused no.1 and allowing the withdrawal petition forthwith, it would be in the interest of justice to consider whether the prosecution should continue or not in the light of the adjudication which is yet to be made by the Hon’ble High Court regarding the validity of the ownership certificate issued to the accused no.1.”

This prompted the actor to approach the High Court with the instant revision petition contending that the order of the Magistrate was issued without considering the facts and circumstances of the case and without any application of mind.

Source: Barandbench

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