ORDER

Dated this the 16th day of June, 2022 This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking to quash Annexure-1 charge sheet (Form-II) in O.R.No.3/2020 of Ezhattumugham Forest Station and entire proceedings initiated in C.C.No.273/2021 on the files of Judicial First Class Magistrate Court-IV, Perumbavoor (for short ‘the court below’). The petitioner is the second accused in the above mentioned case. The offences for which the petitioner stands chargesheeted were under Sections 2(20), 2 (36), 39, 50 & 51 of the Wild Life Protection Act, 1972.

2. According to Sri.Basil Chandy Vavachan, the learned counsel for the petitioner, the sole evidence for the prosecution against him in the case on hand is the confession statement of the first accused. Other evidence to corroborate the confession statement being not there for the prosecution to be adduced in the proposed trial, he is entitled to have the final report chargesheeting him for the offences, quashed in his favour.

3. The learned Special Public Prosecutor (Forest) submits that the first accused was caught red-handed with 1 kilogram of meat of the wild boar. As per the confession statement given by him to the officials, a portion of the meat was also sold to the second accused. According to him, following the recording of the confession statement, a raid was conducted in the farm of the second accused but nothing was recovered.

4. Therefore, as rightly pointed out by the learned counsel for the petitioner the confession statement of the first accused alone is available for the prosecution to be used in the proposed trial. Evenif, trial against the petitioner is let to proceed with on the basis of the evidence aforesaid, the guilt alleged against him is unlikely to be established. In the above circumstances, the prayer of the petitioner is only to be allowed.

In the result, this Crl.M.C stands allowed. The final report laid against the second accused and taken on file by Judicial First Class Magistrate Court-IV, Perumbavoor as C.C.No.273 of 2021 and all further proceedings initiated by the above court pursuant to that shall stand quashed.

Sd/-

MARY JOSEPH JUDGE

SMA

APPENDIX OF CRL.MC 1200/2022 PETITIONER ANNEXURES :-

Annexure1 THE TRUE COPY OF CHARGE SHEET (FORM-II)

IN O.R 3/2020 OF EZHATTUMUGHAM FOREST STATION Annexure2 THE TRUE COPY OF OR. NO. 3/2020 OF EZHATTUMUGHAM FOREST STATION DATED

9/8/2020 Annexure3 THE TRUE COPY OF SEIZER MAHAZER PREPARED BY DEPUTY RANGE OFFICER, EZHATTUMUGHAM FOREST STATION AT ACCUSED NO.1'S HOUSE DATED 8-8-2020 Annexure4 THE TRUE COPY OF SCENE MAHAZER PREPARED BY DEPUTY RANGE OFFICER, EZHATTUMUGHAM FOREST STATION AT SCENE OF OCCURRENCE DATED 8-8-2020 Annexure5 THE TRUE COPY OF CONFESSION STATEMENT GIVEN BY THE ACCUSED NO.1 BEFORE RANGE OFFICER, EZHATTUMUGHAM FOREST STATION DATED 8-8-2020 Annexure6 THE TRUE COPY OF MAHAZER PREPARED BY RANGE OFFICER, EZHATUMUKAM FOREST STATION AT PETITIONER'S HOUSE DATED 8-

8-2020 Annexure7 THE TRUE COPY OF THE MAHAZER PREPARED BY THE RANGE OFFICER, EZHATUMUKAM FOREST STATION AT THE TIME OF SEIZING THE ALLEGED LOCAL GUN DATED 8-8-2020 Annexure8 THE TRUE COPY OF SEIZER LIST OF ARTICLES SEIZED FROM THE CUSTODY OF ACCUSED NO.1 DATED 9-8-2020 Annexure9 THE TRUE COPY OF ORDER IN CRL.MC NO.1582/2020 OF HONOURABLE SESSIONS COURT, ERNAKULAM Annexure10 THE TRUE COPY OF CRL.MC NO.3611/2021 OF THIS HONOURABLE COURT