2008 Supreme(Kar) 128

2008 (2) KLO 020 AC 15
IN THE HIGH COURT OF KARNATAKA
K. Bhakthavatsala, J.
Criminal Petition No. 5518/2007
S. Bylaiah - Petitioner
Vs.
State - Respondent
Decided on 25-2-2008

Headnote:(A) Wild Life Protection Act, 1972 - Sections 9, 39, 40, 44, 49, 50 and 51 - Offence under - Complaint for - Complainant not an authorised person - Proceedings liable to be quashed.

       Held: It is pertinent to mention that the Government of Karnataka in exercise of the powers conferred by Section 55 of the Act have issued a notification bearing No. AFD 104 FWL 73 dated 16.10.1973, authorising the following persons to take note of forest offences under the Act and file complaints in the court of law:

        (i) all the Forest Officers of and above the rank of a forester;

        (ii) all the Officers of and above the rank of a Sub-Inspector of Police, and

        (iii) all the Revenue Officers of and above the rank of a Revenue Inspector.

        From the above it is crystal that the complainant, in the instant case, is not the authorised person under Section 55 of the Act. Therefore, the petitioner is entitled for quashing the proceedings. (Para 6,7)

       (B) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Forest offence - Complaint for - Not made by an authorised person - Proceedings cannot be sustained.