STATE OF HARYANA Vs. MADAN

JUDGEMENT

(1.) THE Chief Judicial Magistrate, Jhajjar, vide reference dated 14.6.2005, made under Section 395 of the Cr.P.C., has referred the following question to the High Court:-

(2.) A brief narrative of the facts that have led the Chief Judicial Magistrate, Jhajjar to make a reference to this Court, would be appropriate. FIR No. 191, dated 5.6.2005, under Sections 9, 39 and 51 of the Wild Life (Protection) Act, 1972 was registered at Police Station Jhajjar. One of the accused, namely, Shashi Singh filed an application, dated 7.6.2005, for grant of anticipatory bail. Vide order dated 9.6.2005, the Additional Sessions Judge, Jhajjar dismissed the application, holding therein that powers to deal with matters, under the Wild Life (Protection) Act, 1972 (for short herein after referred to as "the Wild Life Act"), had been conferred upon a Special Court at Faridabad, by virtue of Notification No. SO16/CA2/1974/S.14/97, dated 6.2.1997. The Chief Judicial Magistrate, Jhajjar, before whom some of the accused were produced, while in custody, after considering the aforementioned order, and while accepting their bail bonds and granting bail to them, framed the question, reproduced herein above and forwarded a reference to this Court.

(3.) DISTRICT Jhajjar was carved out from the territories of District Rohtak, pursuant to a notification dated 25.6.1997, issued under Section 5 of the Punjab Land Revenue Act, 1887. The notification dated 6.2.1997, pursuant whereto powers to try and inquire into cases, under the Act, were conferred upon Judicial Magistrates First Class of Faridabad and Hisar, was not amended to include the newly carved out District Jhajjar. A subsequent amendment of the aforementioned notification, dated 11.11.2004, whereby the provisions of the Punjab Land Preservation Act, 1900, were added to the notification dated 6.2.1997, did not include District Jhajjar in the notification dated 6.2.1997, for the purpose of inquiry or trial into offences committed, under the provisions of the Wild Life Act.