THOMAS S/O LATE JACOB AND OTHERS Vs. STATE BY HANNUR POLICE REPRESENTED BY S.P.P HIGH COURT BUILDING, BANGALORE

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in Cr.P.CNo. 177/2009 of Hannur Police Station registered for offences under Sections 43(1)(a). 48(a). 51(1) of Wild Life Protection Act read with 429 of IPC.

(2.) IT is submitted by the learned counsel for the petitioner Sri.S.Shankarappa that originally, case was registered on the basis of the complaint of one Nagendraswamy whereas the chargesheet has been filed showing the inspector of Police as the complainant, which is not permissible. It is further submitted by him that the bird "Goujalakki" (in English, which is called as "Grey Patridge") does not come within the prohibited species as defined under the Wildlife Act and he submits that the chargesheet filed by the Police is misconceived and requires to be quashed.

(3.) IT is submitted by Sri.Shankarappa that in view of the above case, the promotion of the petitioner as Sub -Inspector of Police is with -held. Hence, the learned Magistrate is directed to dispose of the application for discharge on or before 31.12.2011. Accordingly, petition is disposed of.