SURAJ SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Misc. Application has been filed under Section 482 of the Code of Criminal Procedure,1973 (hereinafter referred to as 'the Code') for quashing the entire subsequent proceedings as well as the summoning order dated 08.07.2010, passed by the learned Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No.4088 of 2013, State vs. Tilka and others.

(2.) Facts, to the limited extent necessary, are that an FIR was registered on 24.12.2009 against the present applicants and four other co-accused persons on the basis of a written report lodged by the respondent No.2, then Forest Ranger, Khanpur, Range-Roorkee, District Haridwar, alleging therein that on 23.12.2009, when the Officers and employees of the Forest Department were on routine patrolling, at about 9 p.m., they reached village Harjora and saw that in the house of Tilka, co-accused, meat of Wild Pig was being under the process of cooking and at that place present applicants along with Mal Chand, co-accused, were sitting there. The recovery memo was prepared. Other co-accused persons attacked the officers and employees of the Forest Department. The FIR was lodged under Sections 147, 148, 332, 342, 353 and 427 of the I.P.C. and Section 9/51 of the Wild Life (Protection) Act, 1972. After investigation, the charge sheet was submitted. The learned Magistrate took cognizance in the offences under Sections 147, 148, 332, 342, 353 and 427 of the I.P.C. and Section 9/51 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as 'the Act, 1972') and issued summons to the applicants and co-accused persons.

(3.) Heard Mr. Parikshit Saini, the learned counsel for the applicants and Mr. S.S. Adhikari, the learned A.G.A. assisted by Mr. P.S. Uniyal, the learned Brief Holder for the State through video conferencing.