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Judgment
Mr. Justice B.V. Pinto
This petition is filed seeking to quash the proceedings in Cr.P.CNo. 177/2009 of Hannur Police Station registered for offences under Sections 43(1)(a). 48(a). 51(1) of Wild Life Protection Act read with 429 of IPC.
It is submitted by the learned counsel for the petitioner Sri.S.Shankarappa that originally, case was registered on the basis of the complaint of one Nagendraswamy whereas the chargesheet has been filed showing the inspector of Police as the complainant, which is not permissible. It is further submitted by him that the bird "Goujalakki" (in English, which is called as "Grey Patridge") does not come within the prohibited species as defined under the Wildlife Act and he submits that the chargesheet filed by the Police is misconceived and requires to be quashed.
Sri.Satish R.Girji, learned HCGP submits that the said bird belongs to the family of phasianidae family, francolinus category, which is a prohibited bird. In view of the disputed question of fact and the fact that the offence is triable as a warrant case, it is necessary that both the parties are given opportunity to advance their ease before the Trial Court. Hence, petition is disposed of with a direction to the Trial Court to pass necessary orders on the question of framing charge or discharging the petitioners from the said case.
It is submitted by Sri.Shankarappa that in view of the above case, the promotion of the petitioner as Sub-Inspector of Police is with-held. Hence, the learned Magistrate is directed to dispose of the application for discharge on or before 31.12.2011. Accordingly, petition is disposed of.