SHER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of this petition, petitioner has prayed for quashing of FIR No. 138 dtd. 23/8/2018, under Sec. 51 of the Wild Life (Protection) Act, 1972, registered at Police Station Karsog, District Mandi, H.P. and further proceedings of Police Challan No. 45/2019 pending before the learned Judicial Magistrate First Class, Karsog, District Mandi, H.P.

(2.) The contention of petitioner is that FIR No.138 dtd. 23/8/2018 was registered at Police Station Karsog for commission of offence under Sec. 51 of the Wild Life (Protection) Act, 1972 (for short "Act") and on completion of investigation report under Sec. 173 of the Cr.P.C. has been filed and the case is pending before the learned Judicial Magistrate First Class, Karsog. According to petitioner, the procedure adopted by respondent is impermissible in law, in view of specific bar under Sec. 55 of the Act.

(3.) In response, the factual position has not been denied by the respondents. The factum of registration of FIR for offence under Sec. 51 of the Act and submission of report under Sec. 173 of the Cr.P.C. has been admitted. It is submitted that under Sec. 55(b) of the Act, prosecution could be launched by any officer authorised by the State Government. It is further submitted that the State Government has authorised all police officers above the rank of Sub Inspectors to file complaint in accordance with law in respect of offence punishable under Sec. 51 of the Act. As per respondent, since, Sec. 34 of the Indian Penal Code is also attracted, as such submission of report under Sec. 173 of the Cr.P.C. is not bad in law.