ORDER

This Criminal Original Petition has been preferred to call for records and to quash the FIR in Crime No.35 of 2020 on the file of the respondent against the petitioners.

2.The petitioners are accused 1,3.4, 5,6,7 & 8. The second accused is no more. The first information report has been registered by the Inspector of police, P5, Manavala Nagar Police Station, Tiruvallur. The avernments of the first information report would read as under:

2.1.On 2.2.2020 at about 5 am when the Inspector of police,P5, Manavala Nagar Police Station along with police party went to Valasaivetti Forest village for surveillance on getting a secret information, four persons out of eight persons at a farm were holding gun and bullets and with the help of torch light, they attempted to shoot birds and rabbits in the farm. When the police party were about to catch them, they attempted to run away. However the police party caught hold of them and on enquiry, they came to know their names and details. They have been using licensed guns for hunting animals in violation of the terms of their gun license. When the police party caught hold of them and enquired, they came forward to give confession and produced the materials possessed by them; 30-60 Sporting Rifle No-66108654 RFI in 2016-1 njhl;lhf;fs; & Compak victory-38 Nos, Sakthiman 39, RC 4-22 30-60 Winchester-21, Baschieri & Pellagri -13, Empaty Caterdge (Compak Victory – 12 Nos, Sakthiman -3, RC 4-27 – Total=42) & Head Focus Light-2 Battery-1 Focus Light-1, rpwpa gy;g;fs/;28. were seized on the basis of their confession through a seizure mahazar. As they had admitted their guilt they were arrested and their guns were seized and they were brought to the police station along with records. On the above report a case has been registered against the accused for the offences under Sections 27 Arms Act-1959 & Sec.51 of Wild Life Protection Act-1972 r/w

429 IPC.

3.Heard the submissions made by the learned counsel on either side and perused the materials available on record.

4.The learned counsel for the petitioners submitted that the first petitioner/A1 is the member of the Royal Pudukottai Sports Club and he is holding a valid gun license No.3/2017/SPR; he is a prominent shooter at State level and he has got lot of certificates to his credit; the second petitioner/third accused, who is also a member of the same club and he is also having a valid gun license No.030/MT S10; he is also a champion in sports of shooting; the third petitioner is the local residents of Tiruvallur and he is in no way connected with the offences; just because he was holding the gun, he has been implicated in this case; the fourth petitioner is the driver who was driving the car belonged to the deceased second accused; since the car of the deceased second accused was sent for service, the said driver had driven the car of the fourth petitioner/fifth accused; the fifth petitioner/sixth accused and the sixth petitioner /seventh accused have only accompanied the first petitioner; the seventh petitioner /eight accused is the driver of the car belonging to the third accused. The petitioners were travelling in two cars from Kancheepuram to Pudukottai after picking up the third petitioner/fourth accused on the way; only at that time the car was intercepted by the police party at the junction of the Manavalan Nagar bridge; they foisted a false case against the petitioners; the petitioners understand that it is an act of vengeance done by the rival group by influencing the police;

4.1.The petitioners who held the valid gun licences did not violate any of the conditions of the license; the petitioners have not shot any birds and animals and it is apparent in the FIR itself; though the case has been registered as early as on 02.02.2020 no steps have been taken for nearly one year; the bullets seized by the police are the sports bullets, and they are well within the quota allocated to the first petitioner and the second petitioner; because of the F