BANSHILAL Vs. STATE OF M P

JUDGEMENT

(1.) This\ is an application under Section 482 of Cr.P.C. for the quashment of the case registered at Crime No.179/2009 by the nonapplicant against the applicant under Section 9, 51, 52 of the Wild Life (Protection) Act, 1972 (in short the 'Act of 1972').

(2.) The sole but forceful contention made by learned counsel for the applicant is that admittedly the charge sheet has been filed by Parikshetra Sahayak who is an inferior officer to that of Range Officer, hence the charge sheet has been filed by a person who is incompetent to file it. In this regard my attention has been drawn to rule 55 of the Wile Life (Protection) (Madhya Pradesh) Rules, 1974 (in short 'The M.P. Rules of 1974'). Hence, it has been prayed that the charge sheet be quashed.

(3.) Shri Khan, learned Public Prosecutor submits that if this Court comes to the conclusion that the charge sheet has not been filed by the authorized person mentioned in rule 55 of the Rules of 1974, instead of quashing the charge sheet it may be returned to the person who had filed it with a direction that it may be filed by competent person.