ORDER

Petitioners are accused in O.R.No.8/2014 of Olavakode Forest Range. Annexure-A1 is the charge sheet in Form-II submitted by the Range Forest OfÏcer, Olavakode against the petitioners. The offences alleged in Annexure-A1 are under “A(17)” of the Kerala Captive Elephants (Management and Maintenance) Rules, 2012 (for short, ‘the Rules 2012’) and under Sections 51 and 52 of the Wildlife Protection Act, 1972 (for short, the Act 1972).

2. The allegation against the petitioners is that, they have conducted ‘Gaja Sangamom’ by engaging several elephants without obtaining sanction from the authorities. According to the petitioners, even if the entire allegations are accepted, no offence is attracted.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. While taking cognizance based on a complaint or charge sheet, the Court has to apply its mind. It is not a mechanical process. What is stated in the final report or complaint cannot be blindly accepted by the Court. While taking cognizance, the offences alleged are to be verified by the Court and whether taking cognizance for the offences alleged as per law is permissible is also to be decided at that stag