THIMME GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS who are arrayed as accused Nos. 1 & 2 in C.C. No. 773/2012 on the file of the Principal Civil Judge and JMFC, Kadur have sought for quashing of the said proceedings instituted against them for the offences punishable under Sections 2(2), 2(16), 2(31)(a)(b), 2(36), 9(1) r/w 51 of Wild Life (Protection) Act, 1972 r/w section 30 of Arms Act, 1959 r/w section 34 of I.P.C.

(2.) THE Police Sub -Inspector of Kadur Police has registered a case in FIR Crime No. 297/2010 for the offences punishable under Sections 2(2)(31)(a), 9, 39, 44, 51 of Wild Life (Protection) Act, 1972. The charge sheet papers reveal that on 24.09.2010 the Police Sub -Inspector, Crime Branch, Kadur received credible information that some persons are carrying some Wild animal's skin in a gunny bag for the purpose of selling and they were coming from the direction of Sakharayapatna. Immediately the PSI along with his staff went to that particular place i.e. Kanaka Circle in U.B. Road, Kadur. They observed two persons coming towards the direction of the Bus Stand holding a gunny bag. On seeing the Police, they tried to escape from the clutches of the Police. However, the Police were successful in catching them. On opening the gunny bag which was in the hands of one of the accused by name Thimme Gowda, the Police found that there was skin of a cheetah a wild animal (wild cat). The petitioners did not give any proper explanation for possessing the said skin of the wild animal. Therefore, the Police have registered a case and proceeded with the investigation. Ultimately, after due investigation a charge sheet came to be filed for the above said offences along with the offence under the provision of Arms Act. In the charge sheet, it is stated that the accused persons have killed a wild cat by firing it and therefore, they invoked Section 30 of the Arms Act.

(3.) AS could be seen from the records, the first information report shows that the provision invoked are all under the Wild Life (Protection) Act. Subsequently, at the time of filing charge sheet, the provision under Section 30 of the Arms Act was also invoked by the Investigating Officer. Whether the Police Officer can file a complaint before the Magistrate under Section 55 of the Act has to be looked into. Section 55 of the Wild Life (Protection) Act, 1972 reads as follows :