IMPORTANT POINT
The court ruled that a second FIR is permissible if it pertains to different incidents, emphasizing the need for wildlife protection under the law.

JUDGMENT :

KARDAK ETE, J.

1. Heard Ms. M.K. Singh, learned counsel for the petitioner. Also heard Ms. L. Hage, learned Additional Public Prosecutor for the State/respondent.

2. This application under Section 482 of the Cr.P.C. 1973, is filed by the petitioner praying for quashing of the FIR, registered as Anini P.S. Case No. 04/2023, under Sections 9/39/51(C) of Wild Life (Protection) Act, 1972, against the petitioner.

3. The case, in brief, is that a written FIR has been lodged against the petitioner before the Officer-in Charge, Roing, Police Station, by one Er. Drone Linggi and Shri Chonga Linggi, the President and General Secretary of All Idu Mishmi Student’s Union (AIMSU) on 07.03.2012, inter alia, alleging that Shri Mapikam Tega (petitioner herein), and his accomplice Md. Jakir Hussain are partners and hunters by profession, engaged in hunting and killing of Kasturi (Musk Dear), Tiger and Elephant for many years. During the raid, Shri Mapikam Tega had jumped from the vehicle and escaped the arrest, thereafter, he has lodged an FIR in Tezu, Police Station, stating that his vehicle bearing registration No. AS-23 V2160 was stolen, whereas, as per the information, it is his second hand personal car and just to mislead the police department, the said FIR has been lodged by the accused. He had also threatened his accomplice to keep mum promising that he would get him out of the jail. Accordingly, a zero FIR was registered at Roing P.S. vide Roing P.S. Case No. 00/2023, under Sections 9/39/51(C) of Wild Life (Protection) Act, 1972, on 09.03.2023 at 1700 hrs. and forwarded to Anini Police Station. On receipt of zero FIR, the case has been converted into regular case vide Anini P.S. Case No. 04/2023, Under Sections 9/39/51(C) of Wild Life (Protection) Act, 1972.

4. It is contended that the complaint under Section 55 of Wild Life (Protection) Act, 1972, has also been lodged before the Sub-Divisional-Judicial Magistrate, Sadiya, Chapakhowa, Assam on 25.02.2023, by one Shri Churamoni Gajurel, Forest Range Officer, Sadiya Range Chapakhowa, which is extracted as under:

“With due respect I have the honour to report before you that 1(one) accused person named Md. Jakir Hussain S/o Md. Abdul Goni, Vill-Hogun Toli P.O. Datiyal Bori P.S. Lahorighat Dist. Nagoan was arrested at around 4:00 PM on 24/02/2023 at Mahababu Dhaba near Dholla Sadiya bridge under provision of Section 50 of W.P.A. 1972 and authorized to complain U/S 55 of the said Act. The accused was arrested in connection with an wild life offence i.e., trading of a full grown adult Royal Bengal Tiger skin, bones of the tiger viz. Rebs, spines, legs, Paws, thigh and the full skull with canines which is violation of W.P.A. 1972 U/S 9,49(B), 52 and R/W Section 39, punishable U/S 57 (1-C) of W.P.A. 1972 R/With the above directions and observations, this writ petition stands disposed of. Section WRIT PETITION Assam Amendment 2009. A case has been registered against the arrested accused is ORM-SD/15 of 2022-23 dated 24.02.2023.

5. The aforesaid complaint was in pursuance to the Preliminary Offence Report and forwarding of accused against Offence report No. SD/15 of 2022-2023 dated 24.02.2023. In the said case, one accused person, namely, Md. Jakir Hussain, was arrested under Section 9/49(B)/52 punishable under Section 51(1-C) of Wildlife (Protection) Act, 1972, read with Wildlife Protection (Assam Amendment) Act, 2009.

6. The petitioner has filed an application under Section 438 of the Cr.P.C. for grant of pre-arrest bail in Anini P.S. Case No. 04/2023, Under Sections 9/39/51(C) of Wild Life (Protection) Act, 1972, however, same has been rejected vide order 04.04.2023, by the learned Sessions Judge, Tezu, on the ground that Tiger carcasses were found in the vehicle of the accused and prima facie puts the accused responsible for such possession in connection with Anini P.S. Case No. 04/2023 under Sections 4/39/51(C) of Wildlife (Protection) Act, 1972. In C.R. (Forest) Case No. 02/2023 under Sec