DATED

26/02/2019 TAKING COGNIZANCE OF OFFENCES PUNISHABLE

UNDER SECTIONS 2(16)(c), 9, 39, 44, 50 AND 51 OF THE

WILD LIFE (PROTECTION) ACT, 1972, IN SO FR PETITIONER IS

CONCERNED.

CHANDRASHEKAR

LAXMAN

KATTIMANI

Digitally signed by

CHANDRASHEKAR

LAXMAN

KATTIMANI

Date: 2023.06.27

10:49:28 -0700

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard

Sri. Mallikarjunswamy B. Hiremath,

learned counsel for the petitioner and Smt. Girija

S.

Hiremath,

learned

High

Court

Government

Pleader for respondent-State.

2.

The present petition is filed under Section

482 of Cr.P.C. with the following prayer :-

"Wherefore, the petitioner pray that

this Hon'ble Court be pleased to:

a) Quash the entire proceedings in

C.C.No.102/2019 pending on the file of Civil

Judge and JMFC, Harapanahalli so also the

order dated 26.02.2019 taking cognizance of

offences

punishable

under

Sections

2(16)(c), 9, 39, 44, 50 and 51 of The Wild

Life (Protection) Act, 1972; insofar as the

petitioner is concerned.

b) Pass such other order and further

relief be ordered as are just in the interest

of justice.”

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3.

The brief facts of the case are as under :-

A

complaint

came

to

be

lodged

by

the

Regional Forest Officer by name Shri. M. D. Mohan

with the JMFC Court, Harapanahalli stating that the

petitioner herein has illegally killed a peacock and

buried the same. Based on the same, cognizance

is taken and case is now pending in C.C. No.

102/2019.

4.

The petitioner being aggrieved by the

said order, has challenged the same in this

petition.

5.

Reiterating the grounds urged in the

petition,

Shri.

Mallikarjunswamy

B.

Hiremath,

learned counsel for the petitioner vehemently

contended that the peacock got electrocuted and

only dead body was buried by the petitioner in all

honest and sincere efforts

and therefore, no

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offence what-so-ever is attracted as against the

petitioner. The panchanama and other material

documents also show that a dead peacock was

buried in the land of the petitioner.

6.

Taking note of all these aspects of the

matter and in the absence of any other clinching

material to establish that whether the petitioner is

guilty of the offence of killing the peacock and

then burying the same, this Court is of the

considered opinion that a case is made out to

quash the pending criminal proceedings.

7.

Accordingly,

the

following

order

is

passed:

ORDER

Petition is allowed.

A pending proceedings against the

petitioner in C.C.No.102/2019 on the file

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of

learned

Civil

Judge

and

Harapanahalli is hereby quashed.

Sd/-

JUDGE

SMM

List No.: 2 Sl No.: 17