PANCHAM DAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the order dated 24.02.2014 and summoning order dated 15.12.2008, as also the proceedings of criminal case no. 1641 of 2008, State of Uttarakhand vs Pancham Das, under Sections 9, 49B, 51 and 52 of the Wild Life (Protection) Act, 1972, pending in the court of Judicial Magistrate (I class), Vikasnagar, District Dehradun.

(2.) A charge -sheet is submitted against the present applicant under Sections 9, 49B, 50, 51 of the Wild Life (Protection) Act, 1972. Cognizance was taken on said charge -sheet and the accused was summoned to face the trial for the selfsame offences. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) IT , therefore, follows that the authority concerned should have filed the criminal complaint case, instead of the charge -sheet.