TAOI TANIANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.N. Upadhyaya, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, for the State respondent.

(2.) The petitioners being aggrieved by the FIR dtd. 15/5/2018 filed by the complainant, which is received and registered as Bihpuria P.S. Case No. 262/2018, under Sec. 56 of the Wild Life Protection Act, 1972, R/w Sec. 27 (2) of the Arms Act, 1959 (corresponding to G.R. Case No. 1159/2018), being Charge-sheet No. 209/2020 dtd. 31/7/2020 has preferred this criminal petition for setting aside and quashing the said FIR and charge-sheet.

(3.) The case of the prosecution is that the jurisdictional Forest Officer lodged an FIR on 15/5/2018, alleging inter-alia that on 15/5/2018 at about 5.20 P.M. two persons mentioned in the FIR were apprehended as caught red handed at the time of hunting wild dove and myna bird using their 0.22 born rifle along with their used 120 vehicle at Pathalipahar. It is the further case of the prosecution that two bullets were recovered at the spot and accordingly, a case has been registered. The FIR dtd. 16/5/2018, is reproduced hereunder for ready reference:-