STATE OF BIHAR Vs. MURAD ALI KHAN

JUDGEMENT

(1.) SLP 1879 of 1987 is by the State of Bihar for special leave under Art. 136 of the Constitution to appeal from the order dated 13-2-1987 of the High Court of Patna in Crl. Misc. 223 of 1987 quashing, in exercise of powers under S. 482 of Code of Criminal Procedure 1973, the order dated 1-7-1986 of the Judicial Magistrate, Chaibasa, taking cognizance of an offence under S. 9(1) read with S. 51 of the Wild Life Protection Act, 1972 (Act) against respondent-Vikram Singh.

(2.) Special leave was granted and the three appeals were taken up for final hearing, heard and disposed of by this common-judgment. We have heard Shri M.P. Jha, learned counsel for the State of Bihar and Dr. Chitaley and Shri Nariman for the respondents.

(3.) The accusation against the three respondents is that on 8-6-86 at 2.00 p. m. they along with two others named in the complaint, shot and killed an elephant in compartment No. 13 of Kundurugutu Range Forest and removed the ivory tusks of the elephant. On 25-6-1986 the Range Officer of Forest of that Range lodged a written complaint with the Judicial Magistrate, 1st Class, Chaibasa, in this behalf alleging offences against respondents under S. 51 of the Wild Life Protection Act, 1972. The learned Magistrate took cognisance of this offence and ordered issue of process to the accused.