SATTAR S/O NANU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 Cr.P.C., the order of cognizance dated 23.4.2007, passed by learned Additional Chief Judicial Magistrate, Haridwar, as well as the proceedings of complaint case no.20 of 2007, State Vs. Sattar and others, is under challenge whereby the petitioner Sattar has been summoned to face trial for the offence of Sections 27, 29 and 31, which are punishable under Section 51 of the Wild Life (Protection) Act, 1972 (hereinafter to be referred as the Act).

(2.) IN brief, the facts of the case are that on 5.4.2004, at about 11 PM, when the two forest guards, namely Jagdish Singh Bisht and his companion, were on patrolling duty in the reserved forest, they heard the noise of cutting trees by an axe. Both the forest guards reached at the spot and identified the accused persons, as Sattar, Zulfan and Kurban in the light of torch possessed by them. The accused were chased but in vain. The forest guards returned at the spot and found freshly cut eight logs.

(3.) IT has been contended on behalf of petitioner that all these alleged offences are punishable u/s 51 of the Act, wherein the maximum punishment is three years and as per Section 468 Cr.P.C., the maximum time period within which the complainant can be moved to the Magistrate is three years.