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2022 Supreme(HP) 482

SATYEN VAIDYA
Sher Singh, S/o Sh. Hardev Ram – Appellant
Versus
State Of H. P. Through Superintendent Of Police Mandi, District Mandi, H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. G.R. Palsra, Advocate
For the Respondent: Mr. Desh Raj Thakur, Mr. Narender Thakur, adv

ORDER :

By way of this petition, petitioner has prayed for quashing of FIR No. 138 dated 23.08.2018, under Section 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 dated 23.08.2018 was registered at Police Station Karsog for commission of offence under Section 51 of the Wild Life (Protection) Act, 1972 (for short “Act”) and on completion of investigation report under Section 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 Section 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 Section 51 of the Act and submission of report under Section 173 of the Cr.P.C. has been admitted. It is submitted that under Section 55(b) of the Act, prosecution could be launched by any off

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